HomeMy WebLinkAbout03/13/2006
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6:30 p.m. Pre-Meeting
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CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
March 13.2006
7:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF February 27.2006
PROCLAMATIONS AND CEREMONIES
Oath of Office for newly appointed Board and Commission Members
(brief recess for signing oaths)
CITIZENS' RIGHT TO SPEAK
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1 Citizens, who wish, may speak on any matter not on the Agenda for a maximum of
3 Minutes and sign the Public Comment Roster,
2 Citizens who wish to speak on Agenda Items. please sign the GENERAL
AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the Item is
called to be heard
APPROVAL OF AGENDA
Item 1 CONSENT AGENDA:
A RESOLUTION 11-2006 - AMENDING THE FISCAL YEAR 2006
BUDGET TO REFLECT THE APPOVAL OF A SUPLEMENTAL
BUDGET APPROPRIATION IN THE AMOUNT OF $29,000 FOR
CHANNEL 8 EQUIPMENT MAINTENANCE AND REPLACEMENT
B Approve RFB-05-42 on-call storm sewer cleaning & repair service
renewal option not to exceed $50,000
C Award RFB-06-07, 2006 Traffic Signal Equipment Replacement
Project at a total cost of $68,806
CITY COUNCIL AGENDA. March 13.2006
Page -2-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2,
Item 3
Item 4
COUNCIL BILL 04-2006 - AN ORDINANCE PROVIDING FOR A
REQUEST FOR REZONING FROM RESTRICTED COMMERCIAL (R-C)
TO PLANNED COMMERCIAL DEVELOPMENT (PC D) FOR PROPERTY
LOCATED AT 6690 W 44TH AVENUE
(Case No WZ-05-14) (Kasay Abraham)
COUNCIL BILL 05-2006 - AN ORDINANCE AMENDING CHAPTER 26
OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO
REFERENCES TO THE STREETSCAPE AND ARCHITECTURAL
DESIGN MANUAL,
RESOLUTION 09-2006 - APPROVING THE SERVICE PLAN FOR
LONGS PEAK METROPOLITAN DISTRICT
ORDINANCES ON FIRST READING
Item 5
Item 6
COUNCIL BILL 07-2006 - AN ORDINANCE AMENDING SECTION 26-
109 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PUBLIC
HEARING NOTICE AND PROCEDURES
COUNCIL BILL 08-2006 - AN ORDINANCE AMENDING SECTION 26-
707 A 1 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO
NONCONFORMING SIGNS
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DECISIONS. RESOLUTIONS. AND MOTIONS
Item 7 RESOLUTION 10-2006 - FIRST AMENDMENT TO PRESIDING
MUNICIPAL JUDGE SERVICES AGREEMENT
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
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CITY OF WHEAT RIDGE, COLORADO
February 27. 2006
Mayor DiTullio called the Regular City Council Meeting to order at 7 01 P m Councllmembers
present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz.
Mike Stites, and Terry Womble Also present City Clerk, Pamela Anderson, City Manager,
Randy Young, City Attorney, Gerald Dahl, Deputy City Manager Patrick Goff; Director of
Community Development. Alan White, Director of Public Works, Tim Paranto, Police Chief
Daniel Brennan, staff; and Interested Citizens
APPROVAL OF MINUTES OF February 13. 2006
Motion by Mr Gokey for approval of the Minutes of February 13, 2006, seconded by Mrs
Sang, carried 8-0
PROCLAMATIONS AND CEREMONIES
Mayor DiTullio made an announcement regarding the public hearing process for Item 2 and
the proposed re-zonlng of the property known as the Olinger property
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Police Chief Daniel Brennan presented a Salvation Army Award to City of Wheat Ridge Police
Department and City Employees In recognition of their fund raiSing effort for the
2005 Gulf Coast HUrricanes Disaster Relief Programs
Mayor DiTullio made a presentation to Councilor Lena Rotola and Barbara Delgadillo for
their work and dedication on Wheat Ridge 2020 City Manager Randy Young also
presented Ms Delgadillo a gift certificate on behalf of the City
A recess was called at 7 11 P m to address audiO technical difficulties Meeting
resumed at 7 20 p m
CITIZENS' RIGHT TO SPEAK
Chief Jim Payne. Wheat Ridge Fire Protection District, presented the Annual Report to
the Wheat Ridge City CounCil
Larry Nelson. Cornerstone Realty, announced the ribbon cutting for the Housing
Authority project.
CITY COUNCIL MINUTES FEBRUARY 27,2006
Page -2-
Item 1,
CONSENT AGENDA:
A. Motion to approve an Investment Oversight Committee
B Award ITB-06-12 2005 Crack Seal Project In the amount not to exceed
543,301 50
C RESOLUTION 08-2006 - AMENDING THE FISCAL YEAR 2006
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF
$95 003 26 FOR THE POliCE DEPARTMENT RADIO UPGRADE
PROJECT
Consent Agenda was Introduced and read by Mr Stites Mr Gokey asked to pull Item
C
Motion by Mr Stites for approval of the Consent Agenda Items A, and B , seconded by
Councilmembers Schulz and Rotola, carned 8-0
Motion by Mr Gokey to approve Resolution 08-2006-A Resolution Amending the
Fiscal Year 2006 General Fund Budget to Reflect the Approval of a Supplemental
Budget Appropnatton In the Amount of 595.003 26 for the Police Department Radio
Upgrade ProJect: seconded by Mrs Sang, carned 8-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2
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A REQUEST FOR HISTORICAL LANDMARK DESIGNATION FOR
PROPERTY ZONED RESIDENTIAL-TVVO (R-2) LOCATED AT 7495 W
29TH AVENUE
(CASE NO WHL-05-01)
(CONTINUED FROM JANUARY 23,2006 FOR ACTION ONL Y)
Item 2 was Introduced by Mr Womble City Clerk Pam Anderson read the executive
summary
Motion by Mr Womble that the City Council decline to approve the application under
Case No WHL-05-01 for the follOWing reasons
1 The absence of suffiCient factors under Section 26-906 of the Wheat Ridge
Code of Laws,
2 The property owner does not consent to the deSIgnation, and
3 The applicant and property owner have reached an agreement with respect to
the preservation of certain structures and elements on the site
I further move that Case No WHL-05-01 be postponed Indefinitely
CITY COUNCIL MINUTES FEBRUARY 27,2006
Page -3-
I further move that City Council's action shall not take effect until the approval by the
City Council of an Outline Development Plan for the subject property, which approval
shall contain as conditions that:
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1 The Olinger house shall be retained in its present location and extenor
condition, normal maintenance and upkeep excepted
2 The Interior of the main house may be used for any purpose permitted by the
then-current zoning
3 The eXisting pergola shall be moved, if feasible, to a location or locations on
the subject property or shall be reconstructed at one or more locations on the
subject property
4 An option to acquire the old house and barn on the site (for no monetary
conSideration) shall be granted to any responsible organization. conditioned
upon such option being exercised and the buildings moved off of the site pnor
to the initiation of any construction on the site by the owner
5 (a) No application for a demolition permit shall be accepted, nor any such
permit issued by the City for the Olinger house (mansion) or the pergola until
the pending ODP application for the subject property has either been
approved or denied, pursuant to the customary review process for such
applications
(b) The architectural deSign of any new structures on the property will be
consistent With the elements of the architectural style of the Olinger house,
including such elements as, by way of example, roof lines and shapes.
building matenals and colors Window patterns, building Size, building mass
6 The property owner shall have consented to the foregOing conditions of an
Outline Development Plan approval on the record before the City Council
I further move that In the event the ODP shall not have been approved, with all of the
foregOing conditions, prior to Apnl 24 2006 the denial of Case No WHL-05-01 shall not
take effect and said case shall be rescheduled for action only by the Council at the next
available regular Council meeting, seconded by Mr Gokey
Meredith Reckert Senior Planner, presented the staff report,
Janelle Shaver. 8890 W 351" Avenue spoke on behalf of the Wheat Ridge Historical
Society She gave documents to the City Clerk to be dlstnbuted to Council
City Clerk Pam Anderson asked If It was appropnate to distribute these items
City Attorney Dahl stated that the hearing was closed on January 23, 2006 and that
Includes any wntten documents which are the same as testimony The only exception
to that IS statements that are taken from the applicant. property owner and staff on the
proposal tonight: Additional documents gOing In the record are the same as testimony,
of course we are preventing others from testifying and that would apply as well to the
Hlstoncal Society and any additional exhibits We are going to hold those In a file and
mdlcate they were exhibits received after the heanng had already been closed
CITY COUNCIL MINUTES FEBRUARY 27, 2006
Page -4-
Janelle Shaver continued her testimony and gave background on the Historical Society
They are In support of an Outline Development Plan for the Olinger property based on
the provIsion that a final ODP contain nine speCific conditions, which she outlined In
detail She read a letter from James Lindberg, Director of Preservation Initiatives and
Rural Heritage of the National Trust for HistOriC Preservation She also read an e-mail
from Steve Turner, Director of Preservation Services for Historic Denver
Andrew Miller, 200 Spruce Street. Denver, property owner gave background on how
he bought the property In summer of 2005 with the clear understanding that Wadsworth
IS a great commercial street. Had he known this controversy would erupt. he would
have never bought the property He has tried to come up with a proposal that would
address everybody's concerns He outlined all the concessions and compromises he
has planned Eighty percent (80%) of the beautiful trees on the property are diseased
and will have to come down
City Council asked questions of staff, the applicant and the property owner
Lee Ca/Jas, 4390 Dover Street. answered questions from Council regarding potential
funding for preservation efforts
Motion carried 8-0.
Recess called at 8.21 pm Meeting resumed at 8 33 p m
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Item 3
A REQUEST FOR THE APPROVAL OF A FINAL DEVELOPMENT PLAN
AND PLAT FOR PROPERTY ZONED PLANNED COMMERCIAL
DEVELOPMENT LOCATED AT 4900 AND 4990 PARFET STREET
(CASE NOS WZ-05-11 AND MS-05-04) (PHARO FOR BEAR LAND
HOLDINGS)
Item 3 was Introduced by Mrs Rotola Ms Anderson read the executive summary
Mayor DiTulliO opened the publiC hearrng
Councilor Adams stated for the record that she met with John Medved on unrelated
matters on January 24, 2006 They were both aware of the application at that meeting
and did not diSCUSS the proposed application On the adVice of the City Attorney, she
was requested to make thiS disclosure and the fact that this meeting will not prevent her
from voting on thiS pending application
Mayor DiTulliO swore In all IndiViduals intending to testify In the public hearing
Meredith Reckert made the staff presentation She submitted the zoning ordinance,
subdiVISion regulations. case file and packet materials, and exhibits She stated that all
notification and posting requirements have been met and that there is jurisdiction to
hear the case
CITY COUNCIL MINUTES FEBRUARY 27, 2006
Page -5-
Mike Pharo, 2835 West Oxford Ave #6, Englewood, testified on behalf of the applicant
and outlined the request for approval of the final development plan and plat
Bruce McLennan, SEM Architects, 677 S Colorado Blvd, Denver, gave background
on the proposed design
Wendell Ayers, 7852 S Elatl Street Lakewood, testified regarding the drainage Issues
and Improvements for the development.
Dennis Polk, 1667 Cole Blvd, Golden, Attorney for the applicant, believes he has
come 7 times before City Council to talk about W 50th Avenue He asked that the
dedication not be required
Chuck Stiesmeyer lives on the northwest corner of the development He has come to
the City numerous times regarding 50th Avenue and related some of the reasons why he
IS opposed to building the street and the problems it would cause
City Council asked questions of staff and the applicant
John Medved spoke In response to a question regarding past discussions on 50th
Avenue
Mayor DiTullio closed the public hearing
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Final Development Plan
Motion by Mrs Rotola to approve Case No WZ-05-11 a request for approval of a
Planned Commercial Development Fmal Development Plan for properties located at
4900 and 4990 Parfet Street for the following reasons
1 ProvIsions for employee parking have been Incorporated Into the FOP
2 The Final Development Plan IS conSistent with the standards set forth In the
approved Outline Development Plan for the site
3 All requirements for a PCD Final Development Plan have been met.
With the follOWing conditions
1 The drainage system for the northern portion of the site be redeSigned to
accommodate a half-width (30') dedication for West 50th Avenue
2 Prior to installation of the vehicle demonstration testing area, additional
Information be provided regarding the use. maintenance and management of
this area
3 The applicant continues working with the dItch companies to resolve concerns
prior to Issuance of a bUilding permit.
4 The applicant continues working with the Clear Creek Valley Water and
Sanitation District for IncluSion Into the district for sanitary sewer purposes
Seconded by Ms Berry
CITY COUNCIL MINUTES FEBRUARY 27, 2006
Page -6-
Motion by Mrs Sang to amend to strike condition #1, seconded by Mr Gokey; tied 4-4,
with Counclimembers Berry, Rotola, Adams. Schulz voting no,
Mayor DiTullio broke the tie by voting yes Motion carried 5-4
anginal Motion as amended carried 6-2 with Mrs Rotola and Mrs Adams voting no
Final Plat
Motion by Mrs Rotola to approve Case No MS-05-04, a request for approval of a final
plat for property zoned Planned Commercial Development located at 4900 and 4990
Parfet Street for the following reasons
1 All requirements of the SubdiVISion Regulations have been met.
2 Staff recommends approval
With the follOWing condition
1 30' of nght-of-way be dedicated for West 50th Avenue and the easements on
the north end be redefined to reflect required changes
Seconded by Ms Berry
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Motion by Mrs Sang to amend to stnke condition #1, seconded by Mr Womble. carried
6-2 With Ms Berry and Mr Schulz voting no
anginal Motion as amended carried 8-0
Mr Gokey left the meeting for a bnef recess
ORDINANCES ON FIRST READING
Item 4
COUNCIL SILL 05-2006 - AN ORDINANCE AMENDING CHAPTER 26
OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO
REFERENCES TO THE STREETSCAPE AND ARCHITECTURAL
DESIGN MANUAL
Council Bill 05-2006 was Introduced on first reading by Mr Schulz
Motion by Mr Schulz to approve Council Bill 05-2006 on first reading, order it published,
public heanng set for Monday, March 13, 2006 at 7 00 P m In City Council Chambers,
and that It take effect 15 days after final publication, seconded by Mrs Sang and Mrs
Rotola, camed 7-0
CITY COUNCIL MINUTES FEBRUARY 27,2006
Page -7-
Item 5
COUNCIL BILL 06-2006 - AN ORDINANCE PROVIDING FOR THE
APPROVAL OF A ZONE CHANGE FROM R-2, RESIDENTIAL-TVVO TO
PLANNED COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF
AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT
7495 W 29TH AVENUE
(CASE NO WZ-05-10) (MICHAEL PHARO FOR M & E FINANCIAL LLC)
Council Bill 06-2006 was introduced on first reading by Mr Womble
Motion by Mr Womble to approve Council Bill 06-2006 on first reading. order it
published, publiC hearing set for Monday, April 24, 2006 at 700 P m In City Council
Chambers, and that It take effect 15 days after final publication, seconded by Mrs
Sang, camed 7-0
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 6
Board and Commission Appointments
DISTRICT I
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Motion by Mr Womble to appoint
Kathy Deitsch to the Animal Welfare and Control Commission, term ending 3/2/09,
Davis Reinhart to the Board of Adjustment. term ending 3/2/09.
Kenneth Adams to the Building Code Advisory Board, term ending 3/2/09,
Karen Grupe to the Parks & Recreation Commission, term ending 3/2/09,
Anne Brinkman to the Planning Commission, term ending 3/2/09,
Carolyn Peterson to the Liquor Authority. term ending 3/2/09,
Ronald Gehaufto the Cultural Commission. term ending 3/2/09,
seconded by Ms Berry, camed 8-0
DISTRICT II
Motion by Mrs Sang to appoint
Erna Mcintyre to the Animal and Welfare Commission, term ending 3/2/09.
Kent Davis to the Liquor Authority. term ending 3/2/09.
Michael Snow to the Parks & Recreation Commission, term ending 3/2/07,
Charles Spielman to the Parks & Recreation Commission, term ending 3/2/09,
seconded by Mr Gokey, camed 8-0
CITY COUNCIL MINUTES FEBRUARY 27,2006
Page -8-
DISTRICT II I
Motion by Mrs Adams to appoint
Janet Bell to the Board of Adjustment. term ending 3/2/09,
Ronald Abo to the Building Code Advisory Board, term ending 3/2/09,
Richard Matthews to the Parks & Recreation Commission; term ending 3/2/09
Jerry Scezney to Planning Commission, term ending 3/2/09,
David Berry to the Liquor Authority. term ending 3/2/09,
Virginia Johnson to the Cultural Commission, term ending 3/2/09.
seconded by Mr Stites, camed 8-0
DISTRICT I V
Motion by Mrs Rotola to appoint
Robert Hance to the Animal Welfare and Control Commission; term ending 3/2/09,
Larry Linker to the Board of Adjustment. term ending 3/2/09,
John Kellow to the Building Code Advisory Board. term ending 3/2/09
Kim Stewart to the Planning Commission. term ending 3/2/09,
Judith DiCroce to the Liquor Licensing Authority, term ending 3/2/09.
Geoff Wodell to the Cultural Commission. at large position, term ending 3/2/09.
Tracy Langworthy to the Cultural Commission. term ending 3/2/09,
Donna Downing to the Wheat Ridge Foundation, term ending 3/2/09,
Lesa Meeks to the Wheat Ridge Foundation. term ending 3/2/09,
Barbara Dellinger to the Wheat Ridge Foundation. term ending 3/2/09,
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seconded by Mr Schulz, camed 8-0
Item 7
Housing Authonty Appointment
Motion by Mr Stites to ratify the mayoral appointment of Terry Womble to the Housing
Authority, term to expire March 2009, seconded by Mr Gokey; camed 8-0
~lull
--f1amela Y
Meeting adjourned at 10 04 P m
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Anderson, City Clerk
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APPROVED BY CITY COUNCIL ON MARCH 13,2006 BY A VOTE OF to
Mike Stites, Council PreSident
The preceding Minutes were prepared according to S47 of Robert's Rules of Order, i e
they contain a record of what was done at the meeting, not what was said by the
members Recordings and DVD s of the meetings are available for listening or viewing
In the City Clerk's Office as well as copies of Ordinances and Resolutions
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ITEM NO' _\ , AI
REQUEST FOR CITY COUNCIL ACTION
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COUNCIL MEETING DATE
March 13,2006
TITLE:
RESOLUTION 11-2006: A RESOLUTION AMENDING THE
FISCAL YEAR 2006 BUDGET TO REFLECT THE APPROVAL OF
A SUPPLEMENTAL BUDGET APPROPRIATION IN THE
AMOUNT OF $29,000 FOR CHANNEL 8 EQUIPMENT
MAINTENANCE AND REPLACEMENT
o PUBLIC HEARING
o BIDS/MOTIONS
~ RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date _)
o ORDINANCES FOR 2ND READING
QuasI-JudiCIal
o
Yes
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No
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Clly Manager 1/
EXECllTlVE SlIMMARY:
Funds for channel 8 related equipment maIntenance/replacement and lIcenSing fees are necessary to
cover 2006 operating expenses. A transfer of PublIc EducatIOn Government (PEG) revenues from
General Fund Undeslgnated Reserves In the amount 01'$29,000 IS being requested to cover projected
expenses including the follOWing
Dlglcaster Broadcast System License Fee
Annual Mamtenance
EqUipment Replacement/Repair'
AudiO System Replacement.
$3,000
$3.000
$10,000
$13,000
COMMISSION/BOARD RECOMMENDATION:
None
ST A TEMENT OF THE ISSUES:
Annual lIcensIng fees, maIntenance and eqUipment replacement related to operatIons of the
government access channel have not been budgeted for 2006 Staff estimates 2006 fundIng needs In
the amount of $29,000 ThIs Includes replacement cost for the audio system, lIcensIng fees for the
bulletm board and broadcast system. and maIntenance/repmr on all eqUIpment wlthm the Council
Chambers.
As CouncIl IS aware, PEG fee revenues can only be utilized for equipment aSSOCIated With operatIng
the government access channel and not co-mingled with other general fund revenues. PEG revenue
funds wIll be utIlIzed and encumbered for the above purposes, Balance of funds at the end of 2006
will be returned to the General Fund Undeslgnated Revenues,
The transfer of funds will allow staff to replace and mamtam eXIsting equipment, as well as pay the
annual hcensmg fees throughout the year WIthout returning to the CIty Council on a case-by-case basis
for approval of funds,
ALTERNATIVES CONSIDERED:
None.
FINANCIAL IMPACT:
Total finanCial Impact IS estImated at $29,000 from PEG fee revenues thereby not affectmg the
General Fund reserve account.
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RECOMMENDED MOTION:
"I move to adopt ResolutIon 1i .2006 - A ResolutIOn Amendmg the Fiscal Year 2006 Budget to
Reflect the Approval ofa Supplemental Budgel AppropnatIon m the Amount 01'$29.000 for Channel
8 EqUipment Mamtenance and Replacement"
or,
"I move to table mdetiOltely ResolutIOn J I -2006 - A ResolutIOn Amendmg the Fiscal Year 2006
Budget to Renect the Approval of a Supplemenlal Budget AppropnatlOn m the Amount 01'$29,000 for
Channel 8 Equipment Maintenance and Replacement for followmg reason(s)
Report Prepared by'
RevIewed by'
Barbara DelgadIllo. Assistant to the CIty Manager
G Randy Young. City Manager
Ibd
Attachments:
I ResolutIon No 08-2006
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION \\
Series of 2006
TITLE:
A RESOLUTION AMENDING THE FISCAL YEAR 2006
BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENT AL BUDGET APPROPRIATION IN THE
AMOUNT OF $29,000 FOR CHANNEL 8 EQUIPMENT
MAINTENANCE AND REPLACEMENT
WHEREAS, the Cltj Councll recognIzes the need to maIntaIn lts channel 8 program
operntlOn as part of It'S strategIc plan to maIntain an open and transparent citj government: and
WHEREAS, the Cltj CouncIl recognIzes that on-going eqUipment maintenance, repaIr
and replacement IS necessary for seamless operatIOns, and
WHEREAS, the use of PEG fee revenues can only be utIlized for equIpment assocIated
wIth operating the government access channel. nnd
WHEREAS, the Wheat Ridge Charter requIres that amendments to the budget be
cffected bj the City Council adoptIng a ResolutIOn,
- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
A The City Council authorIzes a supplemental budget approprIatIOn from the
gcneral fund undeslgnated reserves In the amount 01'$29,000 to account 01-113-
700-704 and amends the 2006 liscal year budget accordingly
DONE AND RESOLVED THIS 13lh day of March 2006.
Jerl! DiTullio, Mayor
ATTEST:
Pamela Y. Anderson, City Clerk
ATTACHMENT 1
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ITEM NO'
L~,
REQUEST FOR CITY COUNCIL ACTION
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110 Ui I
COUNCIL MEETING DATE,
March 13,2006
TITLE:
APPROVE RFB-05-42 ON-CALL STORM SEWER CLEANING &
REPAIR SERVICE RENEWAL OPTION NOT-TO-EXCEED
$50,000
o PUBLIC HEARlNG
[gJ BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date'_)
o ORDINANCES FOR 2ND READING
QuasI-Judicial
o [gJ
IV
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CIt) Ma er ~
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Director of l3t1blIc Works
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EXECUTIVE SUMMARY:
The PublIc Works Department currently utilizes [CO Resources, Inc, of Arvada, Colorado to perform
on-call storm sewer cleanmg and repair services as a result of the formal bid process RFB-05-42.
completed on September 20, 2005 The InItial award for thiS work was $24.500 and did not requIre
council approval The work for 2006 IS budgeted at $50,000 and therefore requires council approval
Based on prevIOus performance, Staff requests approval to renew the services for one year With ECO
Resources, lnc , of An/ada for the not-to-exceed amount of 50,000
COMMISSIONIBOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
Staff conducted a formal procurement bid process to select a contractor to perform on-call storm sewer
cleanmg services m September. 2005 ECO Resources was selected for the work. The 2006 Budget
mcludes $50,000 for on-call storm sewer work. The September procurement IS recent and can be
utilIzed for award of the 2006 on-call sewer cleanmg services. Staff IS pleased With the performance
of ECO Resources and recommends award of the 2006 services contract to thiS firm.
ALTERNATIVES CONSIDERED:
No approval and the on-call storm sewer cleanIng and repair services contract will not be awarded.
FINANCIAL IMPACT:
The funds for the storm sewer cleanIng and repair services are budgeted In the Contract Services line
Item, account number 01-303-700-704, of the 2006 PublIc Works OperatIOns budget of$50.000
RECOMMENDED MOTION:
"I move to approve the On-Call Storm Sewer Cleaning and Repair Services Agreement with ECO
Resources, Inc of Arvada, Colorado In the amount of not-to-exceed $50,000
I further move that this allocation be paid from account number 01-303-700-704, and that these funds
be encumbered In accordance With Ordinance #787, 1989 Series,"
or,
"I move to den) approval of the On-Call Storm Sewer Cleamng and Repair Service Agreement WIth
ECO Resources, Inc of Arvada, Colorado for the follOWing reason(s)
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Report Prepared by' Greg Knudson, OperatIOns Manager
ReViewed by Tim Paranto, Dnector of PublIc Works
Linda Trimble, PurchaSing Agent
Attachments:
OoG1l] RFB-O'\....C. C AF Rcne....al Op\lOn doc
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ITEM NO'
L c,
REQUEST FOR CITY COUNCIL ACTION
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II11 UII
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COUNCIL MEETING DATE,
March 13.2006
TITLE:
AWARD RFB-06-07, 2006 TRAFFIC SIGNAL EQUIPMENT
REPLACEMENT PROJECT AT A TOTAL COST OF $68,806
o PUBLIC HEARING
L8J BIDS/MOTIONS
o RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date,_)
D ORDINANCES FOR 2ND READING
QuasI-JudiCial D L8J
yes:J No
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Director of Puhh'c Works
G~c~-d;
City ManageY ~
EXECl1T1VE SUMMARY:
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The PublIc Works Department IS propOSIng purchase of traffic Signal equipment for ItS ongOIng tratTic
signal Improvements program, The purpose of thiS program IS to upgrade the City's tratTic signal
system and to Improve Signal Visibility, Improve commUnicatIOn ability and replace obsolete
equIpment. Work IS scheduled for those intersectIOns With high pnonty needs. and will be performed
by OperatIOns DIvIsIOn staff The intersectIOns scheduled for thiS year are
1) West 38th Avenue at Youngfield Street
2) East Bound 1-70 Off Ramp at Youngfield
Street
3) 44th A venue at Harlan Street
4) 44th Avenue at PIerce Street
5) 38th Avenue at High Court
6) 44th A venue at Y oungfield Street
7) 50th A venue at Klp1mg Street
8) 35th A venue at Pierce Street
9) 32nd A venue at Holland & Dudlev Street
10) 32nd A venue at Y oungfield Stre~t
11) 38th Avenue- Wadsworth to Depew Street
COMMISSION/BOARD RECOMMENDATION:
N/A
ST A TEMENT OF THE ISSUES:
Bids for the 2006 Traftic Signal Equipment Replacement Project. RFB-06-07 were opened on
Tuesday, Februal) 23,2006 SIX (6) bids were received, The apparent low, fully responsive bidders
mclude Traffic SIgnal Controls, 1nc of Longmont, Colorado m the amount of $39.381 00 for all
equipment excludmg flashmg beacons. controller cabmet. conductor Wire, Video detcctlOn and tiber
optIC modcms WIth cable: Gades Sales of Denver, Colorado in the amount of$3,250 00 for flashmg
beacons only, Econolite Control Products, of Arvada, Colorado m the amount of $8,70000 for the
controller cabmet only; and AM SIgnaL Inc ofLlttleton, Colorado in the amount of$ 17,4 75 00 for the
Video detectIon and fiber optiC modems only Traffic Signal Controls, Inc" Gades Sales, Econolite
Control Products, and AM SignaL Inc have met all bid reqUirements. Based upon the compliance
WIth bId specdicatlOns, Staff recommends award to the 10\\ bidders on the eqUipment.
ALTERNATIVES CONSIDERED:
No award and the 2006 Traffic Signal Equipment Replacement Project wIll not be completed.
FINANCIAL IMPACT:
The funds fOi thiS project are budgeted m the Other Major Equipment project Ime item, account
number 01-303-800-809. of the 2006 Public \\ orks OperatIOns budget of $105,000.00
RECOMMENDED MOTION:
-
"I move to a\\ard RFB-06-07, 2006 Traffic Signal EqUipment Replacement project to Traffic Signal
ControL Inc , of Longmont. Colorado m the amount of their bid of $39,381 00, to Gades Sales, of
Denver. Colorado m the amount of their bid of $3,250 00, to Econohte Control Products 1nc" of
Goldcn, Colorado m the amount of theIr bId of $8,700 00 and to AM Signal, Inc, of Littleton,
Colorado m the amount of their bId of $17,47500
[ further movc that all costs assOCiated WIth thiS contract be paId from account number 01-303-800-
809, and that thesc funds be encumbered m accordance With Ordmance #787, 1989 Senes."
or.
"I move to deny award of RFB-06-07, 2006 Traffic Signal EqUipment Replacement Project, for the
followmg reason(s) "
Report Prepared by:
Revlcwed by'
Greg Knudson, OperatIOns Manager
Tim Paranto, Dlrcctor of Public Works
Lmda TrImble, Purchasmg Agent
Attachments:
1 Bid Tabulation Sheet
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ITEM NO
:11
REQUEST FOR CITY COUNCIL ACTION
~~d
~';Y ,
i I
COUNCIL !\lEETING DATE
March 13,2006
TITLE:
COUNCIL BILL NO. OLf-2006: AN ORDINANCE PROVIDING FOR
A REQUEST FOR REZONING FROM RESTRICTED
COMMERCIAL (R-C) TO PLANNED COMMERCIAL
DEVELOPMENT (PCD) FOR PROPERTY LOCA TED AT 6690 W.
44TH A VENuE (CASE l'\0. WZ-05-14/ABRAHAM)
~ PCBLIC HEARING
o BIDS MOTIO"iS
o RESOLUTIONS
o ORDINA"iCES FOR 1ST READING (Date Feb, 13, ::006)
[8J ORDINANCES FOR 2ND READING
QuaSI-JudICIal [8J
~~
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Alan WhIte, Commurut) Development DIrector
~'f~
Rand) You ny M er
-
EXECl.'TIVE Sl'\l\lARY:
Kahsa) Abraham IS requestmg a rezomng from Restncted CommercIal to Planned CommerCIal
Development for the property located at 6690 W 44th A \ enue. The subject parcellS 11,900 square feet
m sIze (,27 acres) The current zonmg deSIgnatIon allows a l1mlted range of commercIal uses,
The sIte currently contams an eXlstmg vacant buddmg, whIch has previously been used m conjunctIOn
WIth auto-related uses. An OutlIne Development Plan and Final Development Plan are mcluded WIth
the request. The Outl1ne Development Plan WIll est3blIsh allowable uses and development standards,
whIle the Fmal Development Plan wIll set a SIte specIlic development pattern for the property The
applIcant would lIke to loc3te a lIquor store m the eXIstmg bUlldmg, one of the proposed allowed uses
l1sted on the Outlme Development Plan. The proposed lIst of allowed uses mcludes most of the
allowed uses m the R-C zone dlstnct, along WIth a fe\\ allowed uses m the CommerCIal One zone
dIstnct.
PlannIng CommISSIon heard the request on January 19.2006, and recommended demal
ThIS relates to the CIty'S goal of creatmg a strong partnershIp between the CIty and the communIty,
speCIfically "City gO\ emment perceIved as more busmess fnendly"
COMMISSION/BOARD RECOM~IEl'\DA nON:
PlannIng CommissIOn reviewed this request on January 19, 2006, and recommended demal of the
rezomng (and Outlme Development Plan) for the followmg reasons
1 It IS detrimental to public health, welfare and safety.
.., It IS not compatible wIth the Comprehensl\'e Plan.
3 It would create spot zonmg.
PlannIng CommIssIon also recommended demal of the Fmal Development Plan for the followmg
reasons
The Outlme De\ elopment Plan and rezoning from Restncted CommercIal to Planned
CommerCIal Development was demed,
ST A TDIEl\'T OF THE ISS1'ES:
The subject property IS currently zoned Restncted CommercIal. A hquor sture IS not an allowed
use In the R-C zone dlstnct. The apphcant wIshes to rezone the property to Planned CommercIal
Development, wIth one of the allowed uses beIng a hquor store The applicant has proposed to
mclude most of the allowed uses In the R-C zone dlstnct as allowed uses on the ODP All uses
hsted as specials uses in the R-C zone dlstnct have not been Included m the hst of allowed uses on
the ODP The ComprehensIve Plan Future Land Use deSIgnatIOn for thIS property IS
NeIghborhood ServIng Retail, whIch should conSIst of small scale retaIl and profeSSIOnal service
uses, such as coffee shops, bIcycle repair shops, flower shops and profeSSIOnal offices,
-
The appl1cant WIshes to utll1ze the eXlstmg bUIldIng, and SImply add parkIng stalls and landscaped
areas to the SIte As a result, a few of the development standards have been altered on the ODP,
and are not representatIve of the standards lIsted In the Code of Laws. The applicant IS proposing
13% landscape coverage Commercial zone dlstncts are requIred to have mInImUm landscape
coverage of 20%, Because the applIcant IS requestIng a rezorung to Planned Commercial
Development, thI:, slandard can be altered
To compheate matters, the apphcant claIms he was told that a lIquor store was an allowed use In
the R-C zone dlstnct, however. he cannot remember which staff member gave han the
mfonnatlOn, It should be noted that none of the staff members recall acknowledgmg a hquor store
as an allowed use on the subject properly l WIth respect to current R,C zonmg) The appheant
subsequently purchased the property and obtaIned a hquor hcense from the LIquor Authonty
One of the reasons for demal by Plannmg COmr11lSSlOn was that the rezomng created an Isolated or
"spot-zomng" zone dlstnct. The rezonIng would result In a Planned CommercIal Dlstnct, whIch
dIffers from surroundIng zonIng The Clly -'\ttomey has opIned that If allowed uses In dIfferent
zone dlstrlcts are SImIlar. regardless of zone claSSIficatIon, there IS not a "spot-zomng" SItuatIOn.
The propertIes to the north of the subJcct parcel are zoned C-l All of the proposed uses m thIS
Planned CommerCIal Development are allowed uses In the C-I zone dlstnct. Even though these
dlstncts dIffer by name, they are SImilar In nature, However, the properties to the east, west and
south are zoned Restricted Commercial. The applicant proposes to mclude about a dozen uses
whIch are nat allowed m the R-C zone dlstnct as allowed uses m the Planned Commcrclal
Development. mcludmg the liquor store use
Staff is recommending that the words "non-residentIal" be added to proposed allowed use numhcr
15 "Clinic or o.ffice fo.r [ilc co.unseling and treatment o.f physialagical, so.cial, marital,
devclopmenltl1 or similar canditians, excluding substance abuse" AddItIOnally, the words "non-
residential" should be removed from use number 16 "day care 0.1' pre-schaal, small"
AL TER'\.\ TIYES CON"lIDERED:
l\one
FI'\A:\ClAL I\lPACT:
The City has receIved a one-tIme applIcatIOn fee for the land use applIcatIOn. The Clt) would receIve
<.1i1\ sales tax generated from retaIl sales,
RECOM:\lENDED \lOTIONS:
There are two Items for conSIderatIon' a rezonmg and assocIated Out1me Development Plan and the
Fmal Development Plan, Each Item wIll reqUIre a separate motIOn,
--
Rezoning/Outline Development Plan
OPTlO\! A
"I mo\'e to appro\'e CouncIl BIll No 0+<:.006. case number WZ-05-l4, a request for a rezonIng
from Restncted CommercIal to Planned CommercIal Dn elopment and assocIated OutlIne
Development Plan for the property. located at 66l)O W 44th Avenue for thc followmg reasons
I The change m zone IS compatible WIth the eXlstmg condItIOns III the ImmedIate
area,
")
The change m zone wIll not ad\ ersel) affcct the publIc health, safety or welfare
The change m zone substantIally. meets the deSIred attributes of the Neighborhood
Retad classIfIcation m the Comprehensl ve Plan.
3
WIth the follOWing condItIon
The words "non-reSIdentIal" shall be added to the follo\Vmg use "Clinic 0.1' affice
Jor the counseling anu treatmcnt o.f psychological, so.cial, marital, develo.pmental
or similar conditions. excludmg substance abuse"
.-------------
-
-------
~C, --l" (:"....
OPTlOl\.' 8, --------' ,~ . )
"1 move to table mdefimtely Councd BIll:\lo 012006, case number WZ-05-l4, a request for a
rezonmg from Restncted CommerCIal to Planned CommerCIal Development and associated
Outlme Devclopment Plan for the property located at 6690 W 44th Avenue WIth the followmg
1
OR
findlllgs.
1
")
The change of zone, specifically the intended use of' hquor store' IS detnmental to the
public health, safety and welfare
The change of zone wdl not be a social, recreatIOnal or physical benefit the
commumty"
'~ec \ ~ )
Final Development Plan r IJ~ \
C .,j I
OPTION A. \
"I mo\' e to APPROVE Case No WZ-05-14, a request for approval of a Fllla1 Dc\' elopment Plan
for propert) locatcd at b690 W. 44th A venue, for the following reasons
The Flllal Development Plan comphes with the development standards estabhshed
by the Outline Development Plan.
The Final Development Plan meets the tcchmcal reqUIrements as eqabhshcd m
ArtIcle III for Final Development Plans,"
0.
-.J(}..,y,(~
OPTION B. .
.J
"1 move to DENY Case No WZ-05-14, a request for approval of a Final Development Plan for
propert) located at 6690 W 44th A venue, for the followlllg reasons
The Outlme Development Plan and rezomng from Restncted CommerCIal to
Planned Commercial Development was demed."
")
oc:c \
{"~
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-
Report Prepared by' TraViS Crane 303 235.2849
ReVIewed h Alan \Vhlte 303.235,2844
Attachments:
Plannmg CommiSSIOn Staff Rcr0rt (WI th ex hi bits)
2. Letter from Apphcant Dated 23 February 2006
3 CounCIl Bdl No 09-2006
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO' Planning Commission
CASE MANAGER. TravIs Crane
CASE NO. & NAME. WZ-05-14/Abraham
DATE OF MEETING' January \9,2006
ACTION REQUESTED' A request for a rezomng from Restricted Commercial to Planned Commercial
Development, including an Outline Development Plan and Final Development Plan,
LOCATION OF REQUEST 6690 W 44th Avenue
APPLICANT (S): Kahsay Abraham
OWNER (S): Same
APPROXIMATE AREA. 11,900 sq ft, (0.27 ac,)
PRESENT ZONING Restricted Commercial (RC)
COMPREHENSIVE PLAN DESIGNATION Neighborhood Serving Retail (NR)
ENTER INTO RECORD:
(X)
(X)
( )
COMPREHENSIVE PLAN
ZONING ORDINANCE
SUBDIVISION REGULATIONS
(X)
(X)
CASE FILE & PACKET MATERIALS
DIGITAL PRESENTATION
-
Location Map
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All notification and postmg reqUirements have been met; therefore, there is jurisdictIon to hear
this case.
Planning Commission
WZ-05-14/ Abraham
ATTACHMENT 1
I. REQUEST
The apphcant IS requestmg a rezomng from Restncted CommeTCIa] to Planned Commerc]a1
De\ elopment. An assoCIated Out1me Development Plan and Fmal De\ elopment Plan are
mcluded wIth the request. The current Restncted CommercIal zomng deSIgnatIOn allo\\'s a
hmlted range of allowed uses. The ex]stmg bUlldmg on the property WIll remam,
An Outhne Development Plan "'.'111 rezone the property and set development standards, \\ hIle a
Fmal Development Plan wIll set a specIfic development plan for the property (Exhibll I. Letter
of Request) The property owner WIshes to ul1hze the eXlstmg bUlldmg as a retaIl hquor store
The property]s 11,900 square feet m sIze
II.
Ol1TLI:\E DEVELOPl\lE:\'T PLAN
The Outlme Development Plan (ODP) wIll set all allo\\ed uses and de\elopment standards for
the propert: (ExhibIt 2, ODP) The ODP also contams a general concept plan whIch labels
areas of landscapmg, parkmg, buIldmg footpnnt, and access pomts It should be noted that
many of the dC\ el(1pment standards are taIlored for the ex]stmg propert:, that IS. the phYSIcal
appearance of the property will change very httle until a redevelopment of the propert: ]S to
occur
-
Allowed Lses
The subject propert: ]S currently zoned Restncted CommercIal (RC) The RC zone dlstnct
all 0\\ s a hmlted range of commercIal uses When developmg a hst of allowed uses for thIS
Planned CommercIa! Development, the applIcant started WIth the allo\\ ed uses m the RC zone
dlstnct. Some of the allowed uses ha\ e been omitted (such as ambulance Se[\'lce, resldentlal
uses or temporary Chnstmas tree lots), as they were ImpractIcal for thIS locatIOn, or sImply
\\ ere not deSIred uses, Any use lIsted as a speCIal use m the RC zone dlstnct has not been
Included as an allo\\ ed use
The applIcant then added some uses lIsted as allo\\ ed uses m the CommerCIal One (C -I) zone
dIstnct as allo\\ ed uses for thIS propert: These uses are as follows
Applzance stores and II1cidental sen Ice and rCPQlr
Automotive parts supplzes and sales
Auto sen'ICl repQlr and mQlntcnance shops Immor)
Caterers
Clmlc or oJJiee for the counseling and treatmcnt of psychological, socwl, mantal,
developmcntal or sunLlar conditions. excludmg substance abuse
D[n care or preschool. small
Drug store or pharman
Electrolllc and compllter sales, supplies and sen'lce
Home Improvement store
Leather goods and luggage store
Lmen supph
Liquor store
epholster store I nnn-alltomom'c)
These abc1\'e-hsted uses are allo\.ved uses m the C -I zone dIstnct. SImply, the applIcant WIshes
to mamtam the uses alread: allowed m the RC zone dlstnct, and add the above 13 uses, Staff
PlannIng CommissIOn
\\ Z-OS-I';, Abraham
2
feels that auto service. repaIr and maintenance shops (minor) should be excluded from the lIst
of allowable uses, as It conflicts wIth desired attributes Itsted lD the Comprehens1\'e Plan,
AddItlOnally, the words "non-resIdential" should be added to Clinic or office for the COlillSc1ll1g
and treatment of psychologIcal, soczal, marital, developmental or szrndar COndltlOIlS, excludzng
substance abuse, "
The Comprehens1\ e Plan Future Land Use Map designatIOn for thiS propeny IS Neighborhood
ServlDg Retail ().'R) The ComprehenSl\ e Plan states that the ;..,'R areas are to consist of sm:.!ll
scale retall and professlOna1 sen'lces uses, such as coffee shops, bICycle repalr shops, llo\\ er
shops and professlOnal offices These uses are lDtended to proVlde a buffer bet\\ een the busy
street and the neighborhood. The Comprehensive Plan Itsts the deSired attnbutes of the 1\R
areas as
. Small mdependenth owned retall and sen'lce establ1shments that are not dependant on
hIgh traffic volumes.
. \\' ell landscaped - no outdoor storage, trash areas must be screened,
. No dnve through faCIlIties or auto-onented commerCial uses,
. JncluslOn of bIke racks. benches. plClllC tables, publIc art and pedestnan connectlOns
. No expanslOn mto reSIdential neighborhoods.
. HeIght and bulk of the bU11dmg re!:lte to the adjacent neIghborhood,
. Hours of operatlOn are restnctcJ
Most of these attributes are bemg achIeved. The apphcant Wishes to open a neighborhood
sen'mg hquor store The eXlstmg buIldmg \\ auld be utlhzed. The propeny currently does not
contam any landscaped area, so the mcluslOn of landscapmg WIll be a benefit. The trash area
wIll be screened There are no dnve through uses proposed lD the hst of allowed uses \\'hl1e
the propeny does not contam bike racks, pIClllC tables or pubhc art, Sidewalk connections a;e
bemg proVIded where they do not eXIst The eXIstmg buIldmg relates to the scale of the --
surroundll1g neIghborhood.
Landscaping
The aD? sets standards for mlDlmum Iandscapmg The propeny currently has no landscapmg,
The apphcant IS mtendmg to mcrease the amount of landscapmg, The Code of Laws speCifies
that a commerclally zoned properly should ha\ e a nlllllmUm of 200 0 landscapmg The aDP
speCIfies that for redevelopment of the properly (m excess of 50% expanslOn) a mmmlUm of
1500 Iandscapmg IS requIred. The aDP also specI fies that landscapmg for the eXlstmg bU11dmg
IS dIctated h\ the quantItIes and are.1 prO\ Idcd on the Fmal De\'elopment Plan \'en SImply,
the bndscap11lg area and quantltles of trees and shrubs shown on the Fmal Development Plan 15
\\ hat IS allowed -\ll other landscape requlremcllls shall refer to SectIOn 26-502 of the \\'heat
RIdge Code ofLa\\s
Building COHrage
A maxImum buIldmg coverage of 500 ~ IS proposed on the aDP BUlldmg coverage IS defined
as all areas of the lot covered by buIlumg, The Code of LaV\ s speCIfies that for CommercIa]
zone dIstrIcts. the maXImum lot C0VClJg,e (all areas ofbUlldlllg and pav1l1g) IS 80% of the lot.
The maXIlllum lot coverage for thIS properly wIll be dIctated by the mmlmum amount of
lanJsC.1plIlg rcqlmed Fnr example, If! 50'0 landscapmg 15 reqlllred, the maxlmwn lot coverage
\\Ill then be S5" 0 of the lot,
Planrung ComrrllSSlOn
\\ Z.OS-14'Abrah"m
3
Parking
The ODP specIfies that parkmg shall be m conformance wIth SectlOn 26-501 of the Code of
Laws The Code states that mlmmum parkmg shall be reqmred based upon a specIfic use The
Final Development Plan will detaIl the amount ofparkmg reqmred and suppllcd,
Building HeighUSetbacks
The maxImum bm1dmg heIght IS bemg established at 35 feet, whIch IS consIstent wIth the
commercIal zone dlstnct.
The setback standards for the commercIal zone dlstncts have been used as a gUlde, but the
reqUlred setbacks have been modIfied on the ODP to conform to meet the setbacks of the
eXlstmg bUlldmg. The commercIal zone dlstncts reqmre a 50 foot front yard setback for
propert1es adjacent to W 44th Avenue, a 5 foot per story SIde yard setback, and a 10 foot rear
! ard sethack A 30 foot setback 1S reqUlred when adjacent to a publ1e street The mmlmum
sethacks establ1shed on the ODP are as follows. 30 feet for the front yard (adjacent to W 44'01
A \ enue), 5 feet for the SIde yard (eastern property Ime), 30 feet for the western SIde yard
adpcent to 011S Street, and 8 feet for the rear yard,
Architecture
The ODP mcludes a note whIch reqUlres any new structures to be compliant wIth the
Slreelscape and Archlleclural Design Manual
Access/Circu lation
The property currently has three access pomts two on West 44th Avenue and one on OtIS
Street. The western-most eXlstmg access pomt on West 44th Avenue will be closed, Each
access pomt will allow full movement.
-
Building Sign age
An eXlstmg Slb'T1 on the West 44th A venue frontage will rem am and wIll be reused for the
mtended busmess The eXlstmg sIgn does not conform to toda! 's standards m respect to Sl7e
The Code alIO\\ s a maxmlUm SIgn sIze of 35 square feet for a 1,400 square foot buIldmg, The
eXlstmg SIgn 1S 64 square feet m Slze The sIgn IS 15 feet tall, setback from the property Ime 11
feet. Both the heIght and setback conform to the Code requIrements
The ODP does contam a note wluch refers to the Code for add1tlOnal reqUlrements, and any
ne\\ slgnage must meet these Code reqUIrements
Lighting
The ODP refers to SectIOn 26-503 of the Code of Laws for hghtmg regulatIOns
Fencing
The ODP refers to SectIon 26-603 of the Code of Laws for penmeter fence regulatIOns. There
IS an eXlstmg fencmg whIch wIll remam The eXlstmg fencmg does conform to SectIOn 26-603
III. CRITERIA
Staff has the follOWIng comments regardmg the cntena used to evaluate a change m zone
1. That the existing zone classification cu rrently recorded on the official zoning maps of the
City of Wheat Ridge is an error.
Pbnmng ComrrusslOn
\VZ-05-14,'Abraham
4
The eXlstmg zone classificatIOn on the official zomng map IS not m error The property
currently has Restncted Commercial zoning,
2. That a change in character in the area has occurred due to installation of public facilities,
other zone changes, new growth trends, deterioration, or development transitions, and
that the evidence supports the finding of the following.
There has been no recent change In character to the area. :Many of the surroundmg prope'lles
have had the same zomng deSignatIon since the incorporatIOn of the City The proposed
rezonmg WIll be m character with the surroundmg neighborhood.
3. That the change of zone is in conformance, or will bring the property into conformance,
with the Cit~ of \Vheat Ridge Comprehensive Plan goals, objectives and policies, and
other related policies or plans for the area.
The Future Land Cse map m the Comprehensive Plan deSignates thiS property as
-:\'elghborhood Ser,mg RetaIl The proposed zone deSignatIOn of Planned Conunerclal
De\ elopment does fall wlthm thiS c1JssdicatlOn,
The Future Land Cse '\.1ap IS one component of the Comprehensive Plan, The Pldn also
contains goals and polICies that need to be conSidered In findmg consistency WIth the
Comprehensive Plan. The rezoning meets the follOWing deSired attributes of the Ne]ghborhood
RetaIl classlficatlOn The property WIll be an mdependently owned retaIl establIshment which
]S landscaped. all trash areas wIl] be screened, there are no auto-onented or dnve through uses,
pedestn..u1 connections wIll be prOVIded and the heIght and bulk of the bmldmg W]lI relate to
the eXIstmg neIghborhood.
4.
That the proposed change of zone is compatible with the surrounding area and there will
be minimal ad\Crse impacts considering the benefits to be derh ed.
The request IS for a rezonmg to peD -\ majorIty of the properties m the area have some sort of
commerCIal zonmg deslgnatlOn, ThiS \\'1ll be the only property m the neighborhood With PCD
zomng, WhIle the PCD deslgnatlOn differs from the RC or C-1 deSIgnations, the mtent of these
zone distrIcts IS s]mllar - neIghborhood serVIng commerCial development.
-
5. That there "ill be social, recreational, physical and/or economic benefits to the
community derhed b~ the change of zone.
ThiS proposed zone change should create a nencfit to the comrnumty The proposed zone
change wIll allow a Wider range of commerCial uses. The zone change wIll faCIlItate the
rem\ estment mto thIS property; the applIcant \\ 111 be ImproVing a dllapIdated and vacant
property
6. That adequate infrastructure/facilities arc a, ailable to serve the type of uses allO\\ed by
the change of zone, or that the applican t will upgrade and provide such where they do not
exist or are under capacity.
All respondmg agenclcs are anle to sCr\ C the property, and the developer wIllmcur the cost
and mamtenance uf ,iny Impro\ ements
7. That the change of zone will not adversely affect public health, safety or welfare by
creating excessh e traffic congestion, creating drainage problems, or seriously reducing
light and air to adjacent properties.
Plar,nmg COmrTllSS10n
\I, Z-05-14/Abraham
5
The change m zone will not affect public health, safety or welfare m the area, Traffic w]ll
mcrease from ex]stmg condJt1Ons, mamly because the buildmg ]S currently vacant. The amount
of traffic generated by the mtended use w]1I not overburden the roadway system. Th]s
proposed development should not reduce aJr or hght to adjacent propert]es.
8. That the change of zone will not create an isolated or spot zone district unrelated to
adjacent or nearby areas.
Th]s change of zone will create an ]solated zone dlstnct. There are no propcrtIes m the
1IT1lTIedlate area zoned Planned Commercial Development. The property Will, ho\\ e\ er,
funct10n m a slm]lar fash10n as the surroundmg commercial properties.
IV. FI:\'AL DEVELOPl\IEl\'T PLA:\'
The goal of the Fmal De\ elopment Plan IS to meet the standards set on the Outline
De\ elopment Plan. The FDP IS a 'TIUel more slte-spectiic document which addresses bUlldmg
10cat1On, parkmg, landscapmg d]stribut1On and architecture (Exhibit 3, FDP) The development
regulat10ns wntten on the ODP have been wntten to accommodate the ex]stmg bulldmg, The
applicant IS not proposmg to construct a new bUlldmg, Parkmg lot Improvements and
addlt10nalJandscapmg will be the only major changes to the property
The ODP set the max]mum bUlldmg coverage at 50% of the Jot. Based upon a lot size of
11,900 square feet, the bUlJdmg may be a maximum size of 5,950 square feet. The eXlstmg
bUlldmg IS only 1,400 square feet m size
-
The ODP specIfies that the bUlldmg shall hay e a 30 foot front yard setback requirement, a five
foot Side yard setback reqUIrement for the eastern property Jme, a 30 foot Side yard setback for
the western property lme and an 8 foot rear yard setback requirement. The ex]stmg bulldmg
meets and exceeds these mll1lmUm setback standards The bUlJdmg IS currently 15 feet tall,
\\ hlch docs not exceed the maA]mUm buIldll1g height of35 feet as established 011 the ODP
A trash enclosure IS bemg shown on the cast Side of the bUlldmg. The ODP requires all
dumpster areas to be screened trom the nght-of-\\ ay A screen wall has been pro\'lded,
fuJfillmg thiS reqUIrement
The applicant Wishes to use the property as a retail hquor store, an allowed use on the ODP
Architecture
Because the eXlstmg bulldmg Will not be reno\ ated, thiS section does not apply If any new
buildmg \\ ere to be constructed. the Architectural standards would apply The eXIstmg bUlldmg
IS constmcted of block The bulldll1g entrance IS located on the north elevation. An eXlstmg
overhead door will be removed,
Landscaping
The ODP stated that the mIllJmUm reqUIred landscapmg shall be dIctated by the FlIlal
Development Plan. The FDP details a total landscape area of 1,560 square feet, all to be added
by the apphcant. Based upon a lot SIze of 11,900 square feet, the apphcant IS proposmg 13 1%
landscapmg. TypIcally, the commerCIal zone dlstncts reqUIre a mIillmum of 20% landscape
coverage
Plonmng Comnusslon
\\ Z.O~ -14/ Abraham
6
The applIcant has pronded 3 street trees and 25 shrubs. Because the ODP states reqUIred
1andscapmg shall be as shown on the FDP, there are no mmlInum reqUIrements to be met. It
should be noted the property does not meet the mlillmUD1 reqUIrement for street trees (5) as
specIfied m the Code of Laws, The pro\'1ded quantIty of shrubs (25) exceeds the reqUIrement
as speCIfied m the Code of Laws.
Parking
The ODP :;peclfies that reqUlred parkmg shall confoTIn to the Code reqUlrcments of SectIon 2(,-
501 Req,med parkmg stalls are based upon use and square footage of usable area. A retaIl
I1quor store IS reqUlred to prOVIde 1 parkmg stall for 200 square feet of usable area. The
eXlstmg bUlldmg IS 1.400 square feet m SIZe, A total of 7 parkmg stalls are reqUIred, wllh one
bemg a \~!l1 accessible handIcap stal!. The FDP detaIls 13 parkmg stalls and one van accessible
stall All of the parkmg stalls meet the mllllmum reqUIred sIze as specJtied 111 the Code,
Three parkmg stalls are located dIrectly adjacent to \\1 4-fth Avenue. The Code of Laws
requIres a ten-foot landscape buffer for parkmg lots adjacent to nght-of-way The FDP does
not deta1l J landscape buffer for the 3 stalls adjacent to West -f-fth Avenue, The Code (,1' La\\ s
reqlllfes a nllntmum drn e Width \\ hlch could not be accommodated I r a ten foot landscape
buffer were Q,'t\\een the parkmg stalls and the nght of way SImply, the parkmg lot \\oulJ not
funcl1on. It sh()uhl also be noted that the dnve aIsle does not meet the mmmmm WIdth reqUIred
for twO-\\ a) traffic (22 feet) A portion of the dTIye aJsle IS only 16 feet WIde ThIS reduced
WIdth IS a by-product of the landscapmg to be mstalled around the eXlstmg sIgn,
The appltcant WIll construct a 3 foot fence on the north SIde of the parkmg stalls adjacent to
'h
West -f-f' A \'Cnue as a screen. ThIS IS .1 reqUlrement m the Code of Laws
Lighting
Thcre .lre no freestandmg l1ghts proposed for thiS property, as none currently eXIst The only
source of hghtmg wIll be hUlldmg mounted downcast l1ghtll1g, which must confonn to SectIOn
211-503 of the Code of La\\ s
--
\'. AGE'\CY REFERR-\L
All respondmg agencies have mdlcated that they can ser\ e the property, and the applIcant w1I1
bear the cost of upgradll1g any ser\'1Ce to the property
Because there wIll be no major sIte con:;tructlon a drall1age report was not requIred. The
Public \\ orb Departmcnt IS requlflng the ClJl1,lruCl1on of a small sectIon of curb and gutter
\\ here the \\ estern most curb cut IS bCll1g c loscd :'Ide\\.alks currently eXIst around the
penmeter of the property
n. :\EICIIBORHOOD !\lEETI1'\G
The reqUired neIghborhood meetlllg \\ as held pnor to submIttal There were approxImately
se\ en attendees from the neIghborhood General questions ranged from the type of
de\ elopment \\ hlch Will occur to the l1eLlI for another hquor store m the neIghborhood. There
\\as a diSCUSSion of the current COndll1C)J1 (;1' the huIldmg, and the presence ofgraffitJ m the
neIghborhood One letter was recel\ ed ~1ficr the neIghborhood meetmg from a neIghbor who
could not attend the meetmg (ExhIbit 4 "elghbor Letter) AddItIOnally, one emall was received
after the meetll1g ThIS emaIl has been 111cl uded (ExhIbit 5, NeIghbor Emall).
\'11. ST,\FF CO:\CLLSIO:"i & RECO:\I:\IE:\DED MOTION(S):
Pbnmn? CO:TL'C'l:SSIOn
\\ L-O<-14 .A,brJhom
7
Staff concludes that the rezoDlng IS compatible wIth surroundmg uses, and that the alteratIOns
to the property should be an Improvement over the eXlstmg condItIons.
There are two requests, and each will reqUIre a separate motIOn: request for approval of a
rezoDlng and outlme development plan and request for approval of a final development plan,
REZO:\TI:\G Al\'D OUTLIl\'E DEYELOPMEl'OT PLA.~
OPTIO"i A.
"1 mO\ e to recommend APPROVAL of Case No WZ-05-14, a request for approval of a
relOrung from Restncted CommercIal to Planned CommerCIal Development, and an OutlIne
Development Plan for property located at 6690 W. 44th Avenue, for the follov,'mg reasons
1 The change m zone IS compatible WIth the eXlstmg condItIOns m the ImmedIate
area,
')
The change m zone WIll not adversely affect the publlc health. safety or welfare.
The change m zone substantially meets the desIred attributes of the
l\'elghborhood RetaIl claSSIficatIOn m the ComprehensIve Pbn.
3
With the followmg conditIOns
The fo llowmg use shall be removed from the list of allowed uses on the Outlme
Development Plan. Auto sen'lce, repillr and mainTenance shop (minor)
The words "non-resIdentIal" shall be added to the followmg use "CliniC or
office for the counsellllg and treatment of psychologIcal. soczal, mantal,
developmental or smzzlar condlllons, excluding substance abuse"
')
-
OPTIO:\' 8,
"I move to recommend DE:-.l.AL of Case No \\/Z-05-14, a request for approval of a rezonIng
from Restncted CommerCIal to Planned CommerCIal Development, and an Outlme Development
Plan for property located at 6690 W 44th A venue, for the follOWIng reasons
FI:\TAL DEYELOPME;\'T PLAN
OPTlOJ\' A
"I mOve to recommend APPROVAL of Case No WZ -05-14. a request for approval of a FInal
Development Plan for property located at 6690 \V 44th Avenue, for the follOWIng reasons
')
~
The Fmal Development Plan complIes WIth the development standards
establIshed by the Outlme Development Plan,
The Fmal Development Plan meets the techmcal reqUIrements as establIshed m
ArtIcle III for Fmal Development Plans,"
OPTION B
"1 move to recommend DENIAL of Case i'\o WZ-05-14, a request for approval ofa Final
Development Plan for property located at 6690 W 44th Avenue, for the followmg reasons
---
Pbnmng Cornrrussion
WZ-05-14/ Abraham
8
ZI1PI1.""""""""" Zotfltf~l1tf{) PlAtftfltf~l1.ft()elt1m
Consulting Si!rVices in Zoning, Subdi,'ision, Site Planning & Design, and Other Land Use Entitlement Matters
GLE~ GIDLEY, AlCP - Zoning & Real Estate Consultant
8684 W WARREN DR" LAKEWOOD, CO 80227
303-763-5221 (Office) 720-962-5334 (Fax) glem!.1dleylWmsn.com (Email)
TRANSMITTAL
TO' City of Wheat RIdge, C ommunlt) Development Department
FRO!\1 Glen Gldley, A,I.C.P
RE' Rezonmg ApplicatIOn for 6690 W. 44th Ave.
DA TE ~o\'emher 8. 2005
On hehalf of the apphcant and owner, Kahsay Abraham, please find attached reqUIred
documents related to a rezoning request for proper!) located at 6690 W 44th Ave that
Mr Abraham owns under the name of Samuel PropertIes LLC, The Signed apphcatlOn
anJ fees have prevIously been submItted by the applicant.
-
Mr, Abraham Intends to use the propeny for a small neIghborhood hquor store
However, since he has to rezone to Planned Development m order to obtam the land use
nght for a I1quor store, as that use IS not a permItted use In the Restncted-Commercw1
zone as It IS currently clasSIfied. he wants to ensure that he has the future nght to several
other uses of the proper!) that make sense for thIS locatIOn and on thlS proper!) should he
sell the property to another user
The only proposed changes to the premIses WIll be the addition of 1andscapmg per the
plan, the closure of the western most curb to W 44th., stnping of the parkmg lot, a wall
sign facmg W 44th that wIll conform to C 1l} reqUIrements, constructIOn of a trash
screenmg gate, and utilIzatIon of the eXlstmg free standmg SIgn standard, Since there W111
be no changes to dramage. no dramage plan or topo has been proVIded.
Please foreword a copy of the Mweral RIghts CertIficatIOn and we W11l complete it as
reqUIred,
Please foreword all questions and communications to me rather than the applicant.
--
EXHIBIT 1
C Anne Cain
4320 Ob,. 5t
wneat R,dg'" CO g)033-4938
~x.1l1Bl1' 4
....
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~ ~~ ~_v- ~ L/ f!k., .:;p,,"-) '-r'~ J 17"'
)a~u-l! 'rr~~ .
il .J ~i') jJ.<-4~ ~ ~
/;? ~~) ~~ ./J;L~ /~ i[/t 1
/1'.J:'j ,'t'f.t. I tvV' p-' ~., ,I ~ . . ,I
c-Aj!J>~ ,. I Ii-'-, /I'. d jyV ,!}"i1 f- .--'t-?-tiflA/.
~~ (!f~.~:,~~ ~
_ ,0&. ~ c:d-f ~ P/~ r~ fA'-' ~ nI~
J~. ('~ J i:; (~A ff''^'~ c~ .J.~" '
/h ~v0 JP r!!
/ ' ' '
,
v
J.fo~~ ~~~/J_~~ ~~
~ u. ) /., 'fi!' ;J~ 31 - ~ ~..
~;) f!. + :~.:;''1~~!' ~.' U ~. ~
'fCd; J d~ J/"'" ~ ~ :.: .(/, 7".l
rfY"O' 1d"" r!f~) d, M., P c/);7, ~ t:,...v
':r:~ yj1~~~~'- (?'F'~- 1)
/,p_;W>' - II U ~,),. ~ft-' "'(j'
~A.-~v =f ~ U~
j) ~~
r:, ' ,s f' JoJP,1 J':l~L /A ~
fC-N,JG-" _' .~ J-:':-:t. ~.,o/'/ ,
,~/;t~ -;l'V;J(~1yr.~, ,fIU)J~:dJ ~
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- ~j~ir'"rr: .~ .
Page 1 of 1
EXHIBIT 5
Travis Crane
From: Wymoor@aol.com
Sent: Tuesday, October 18, 2005 7 16 PM
To: egokey@comcast.net
Cc: Travis Crane
Subject: neighborhood meeting 10/18/05
Coucilman Gokey,
I attended the neighborhood meeting at 6'00 pm on Tuesday 10/18/05 I have a concern for the proposal to
rezone the property at 6690 W 44th Ave to C-l The current proposal of a liquor store IS a questionable wav to
improve the appearance of the area and decrease the crime that is taking place along that stretch of 44th. The
"tagging" that has been occuring over the past two years IS likely to increase with that type of bUSiness coming
into our neighborhood In addtion the rezoning that would allow for light automotive work would mean more traffic
in the area. As a homeowner and member of a young family, I feel that this area would be better served if it
remained zoned R-C and a business were to move into that building that would not remain open until midnight.
Perhaps our neighborhood would be better served if the growth took into acount the young families In the area.
look forward to your quick response
Thank you.
Ryan Moore
4375 Marshall St.
-
1 (\ '1 n I"(\n:::
ZI1PI1.""""""", ZoN/N~I1N!J PMNN/N~I1.f.f()ell1m
Consuldng Services In Zoning, Subdivision, Site Planning & Design, and Other Land Use Entitlement Mll11ers
GLEN GIDLEY, AlCP -Zoning & Real Estate Consultant
8684 W. WARREN DR" LAKEWOOD, CO 80227
303-763-5221 (Office) 720-962-5334 (Fax) glengidlev@msn,com(Email)
TO Wheat Ridge City Council
FROM: Glen Gidley, On behalf of the applicant, Kahsay Abraham
RE: Case No WZ-05-14 / 6690 W. 44th Ave,
DATE: February 23, 2006
I represent, as a zoning consultant, the applicant in this case, Kahsay Abraham. This is a
request to rezone 6690 W, 44th Ave. from Restricted-Commercial (R-C) to Planned
Commercial Development (PCD). The applicant's intended use of the property is for a
small, neIghborhood oriented lIquor store. He intends to use the existing 1400 square
foot building which already occupies the property. (See ODP & FDP) I won't go into all
ofllie details of the proposal, as your staff has prepared a report for you that provides
many of the pertinent details. However, I would like to provide some additional
information regarding the reason for this request, as well as discuss the recommendatIOns
of the Planning Commission.
-
WHY IS THIS REZONING BEFORE YOU?
Pnor to Mr. Abraham purchasing the subject property in early 2005, pursuant to his
attorney's recommendation, he came to the Wheat Ridge Community Development
Department to see if a liquor store would be a permitted use for 6690 W, 44th Ave. A staff
planner asked what was on the property at that time, and Mr, Abraham saId that it had
been used as a gas station and auto repair business, however it was vacant at the time,
According to Mr, Abraham, the planner said that a liquor store would be allowed on the
property by the eXIsting zoning, however, he would need to obtain a liquor lIcense from
the Liquor Licensing Authonty Mr Abraham applied for that license, paid all of the
required fees, followed all of the reqUlred steps involved, including a hearing before the
Wheat Ridge Liquor Licensing Authonty, and receIved approval of a liquor license. The
lIquor license was then Issued to Mr Abraham.
Mr Abraham closed on the purchase of the property, and then came into the Community
Development Department to obtam a permit for a new free standing sign. At that point,
another staff planner said that the SIgn was alnght, but that a liquor store was not
perrrutted because the existing zoning was Restncted-Commercial, which chd not permit
liquor stores. The planner said that Commercial-One or Planned Commercial
Development zoning would be needed to allow for a liquor store, Since the city does not
allow for rezonmg directly to C-l any more, a rezoning to PCD would be necessary,
ATTACHMENT 2
PLAN1\1JNG COMMISSION FINDINGS
After a public hearing before the Wheat Ridge Planning Commission on January 19,
2006, contrary to the findings and recommendations of your planning staff, Planning
Comrrussion recommended denial. The specific reasons for this recommendatlOn stated
III the motion of the Planning Commission were as follows:
1. It is detrimental to public health, welfare and safety.
2, It is not compatible with the Comprehensive Plan,
3 It would create spot zoning.
I would like to address each of these fIndings as follows:
1 It was evident that the Planning Commission was focused upon only 1 of the 50 uses
that would be penrutted within the proposed Planned Commercial Development. That
specific use,"liquor store", was already found to be acceptable to the community by the
Wheat Ridge Liquor Licensing Authonty, who recently approved issuance of a liquor
hcense for this property. Liquor licensing is not the purview of the P1anrung
Comrrussion. The Liquor Llcensmg Authonty had already found, after a public hearing on
the matter, that the specific use, "liquor store", would not be detrimental to the public
health, welfare and safety, Even if the Liquor Licensing Authority had not already made
this findmg, there IS no evidence that any of the 50 proposed permitted uses on this site,
most of which are already allowed by the eXIsting lOrung, would be detrimental to the
publIc health, safety and welfare. The applicant asserts that the Planning Commission
erred III tlus finding and in addition, that they exceeded their authority, as well.
-
2, The adopted Comprehensive Plan deSignates the area of the subject property as
Neighborhood SeIVIcing Retail. As your staff in their report mdIcated, neighborhood
retail consists of "small-scale retaIl and professional services", If you look at the list of
proposed penrutted uses III conjunction WIth the proposed site plans, you can only
conclude that all of those uses, includIng a small lIquor store, would conform to the
proVISIOns of this land use classification. The existing building is only 1400 square feet,
and the Final Development Plan proVIdes that the largest building footprint, based upon
maxrmurn bUIldlllg coverage, would be 5950 square feet. ThIs is indeed small compared
to an Applejack store or a Home Depot store, wluch, although allowed by use, could
never occupy the space because of site 1mutations, The applicant asserts that the Planning
ComrrussIOn erred m this findmg.
3. In regards to spot zoning, the subject property is surrounded on 4 sides by
"commercial zomng" In addJtion, It IS surrounded on 3 SIdes by commercial uses. The
property to the south, while zoned R-C, IS used as a residential duplex. The concept of
"spot zoning" appl1es when the proposed zoning IS significantly different from
SurrOundillg zomng, such as "commercIal" ill the middle of "low density residential" type
lOrung, That IS not the case ill thiS mstance. Your own staff concluded that this was not
spot zornng, The applicant asserts that the Planrnng Commission erred in this finding.
In regards to the suggested conditions of approval proposed by your staff, the applicant
has already made those changes in the ODP & FDP, where appropriate, Additionally,
concerns raised during the Planning Commission hearing regarding parking lot design
have also been addressed by minor changes in the parking layout and location of
landscape areas, The ODP & FDP before you includes those revisions.
In conclusion, we ask that you approve the rezoning from Restricted-Commercial to
Planned Commercial Development. and that you approve the Outline Development Plan
and the Final Development Plan, as they are presented.
Respectfully,
Glen Gidley, A,I.C,P.
Principal, Zoning And Planning Associates
-
INTRODUCED BY COl~CIL :\fE!\1BER
Council Bill 1\'0. 04--2006
Ordinance 1\'0.
Series of 2006
TITLE: AN ORDINA1\'CE PROVIDI1\'G FOR THE
APPROVAL OF REZONING FROM RESTRICTED
CO:\fMERCIAL (R-C) TO PLAN:\'ED COMMERCIAL
DE\ 'ELOP:\IE:\'T (PCD) FOR PROPERTY LOCA TED AT 6690
'VEST ~~TH A VEl\L'E. CITY OF WHEA l' RIDGE, COl1\TY OF
JEFFERSO.\T, ~TA TE OF COLOR~DO,
BE IT ORDAI:\TED BY THE CITY COlJNCIL OF THE CITY OF \VHEA I'
RIDGE. COLORADO, THAT
Section 1. epon applIcatIon by Kahsay Abraham, approval of a rezonIng In
Wheat RIdge, Colorado. Case:\o WZ-05-14, for property located at 6690 W 44th
A venue and based on a recommendatlOn from the Wheat RIdge Planning ComrrusslOn
and pursuant to the findIngs made based on testImony and eVIdence presented at a publIc
heanng before the Wheat RIdge CIty Ce,uncIl, Wheat RIdge maps are hereby amended to
exclude from the Restncted CommercIal Dlstnct and to Include In the Planned
CommercIal Development zone dlstnct the follOWIng descnbed land.
-
NORTH 100 FEET OF LOT 1, LI01\EL SUBDIVISION, COUNTY OF JEFFERSON,
STATE OF COLORADO
Section 2. \' eS1. d Prorcrtv RI S'hts Approval of thIS rezonIng does not create a
vested property nght. \ ested property fights may only anse and accrue pursuant to the
proVISIons of Secllon 26-121 of the Cude of Lavvs of the CIty of \Vheat RIdge
Section 3, Safety C13use. The City Council hereby finds, deterrmnes, and
declares that thIS ordInance I, promulgated under the general polIce po\\' cr of the CIty of
Wheat RIdge thJt It IS promulgated for the health safety, and welfare of the publIc and
that thIS ordInance IS necessJry for the preservallon of health and safety and for the
protectIon of publIc convenience and \\elfare The CIty CouncIl further deten11lnes that
the ordInance bears a ratIonal re13110n to the proper leglslallve object sought to be
attaIned,
Section 4. SeverabIlltv. If any clause, sentence, paragraph, or part of thIS Zoning
Code or the applIcal10n thereof to any person or cIrcumstances shall for any reason be
adjusted by a court of competent Junsdlcl10n mvalId, such Judgment shall not affect
applIcal10n to other persons or cIrcumstances.
'Iection 5. Surer<;es<;lon Clause, If any prO\'lSlOn, reqUIrement or standard
establIshed by thIS Ordm~mce IS found to conflIct WIth SImIlar prOVISIons, requIrements or
standards found else\\' here In the Code of Laws of the CIty of Wheat RIdge, \\' hlch are In
ATTACHMENT 3
n.Jstence as of the date of adoptIon of thIs Ordmanee, the prO\'1SlOnS, requlfcments and
sumdards hereIn shall supersede and pre\ all.
Section 6, TIllS Ordmanee shall take effect 15 dJYs after fmal publ1catlOn
I~TRODlJeED, READ, A~D ADOPTED on first readIng by a \otc of _to
_ on thIS 13th day of February, 2006, ordered publIshed In full In a newspaper of
general clrculatlOn In the ellY of Wheat RIdge and PublIc Heanng and conSIderatIon on
final passage set for !\1arch 13th :006 at 7 00 o'clock p,m., In the CouncIl Chamber'
7500 West 29th AvenCle. Wheat RIdge, Colorado
READ, ADOPTED AND ORDERED PUBLISHED on second and flr:JI
readIng by a vote of _ to _, thIS 13th day of March, 2006
SIG;\ED by the \la:or on thIS _ day ut
,2006
JERRY DITLLLlO, MA YOR
ATTEST
Pamela Y Anderson, CIty Clerk
,\PPRo\'ED AS TO FOR\1 BY CITY
-
A TTOR~EY
CiER .;.LD DAHL. CITY :\ TTOR;,\1:Y
1 st PublIcatIon
2nd PublIcatIon
\\'heat RIdge Transcnpt
EffectIve Date
e \planmng'Jorms\Ord trm
ITEM NO 3 I
~\ ~HE~;."
.:- . (I,':'\O~
,- \'",
\G \~I
~I
REQUEST FOR CITY COUNCIL ACTION
I~.
~
[f.
,1~.Jl
~---
C01JNCIL MEETING DATE
March 13, 2006
TITLE:
COU:\CIL BILL NO. 05-2006: AN ORDINANCE Al\lENDING
CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS
PERTAI:\'ING TO REFERENCES TO THE STREETS CAPE
AND ARCHITECTURAL DESIG~ MANUAL
o Pl.."BLIC HEARING
o BlDS'?\10TIOKS
o RESOUjTIONS
o ORDINANCES FOR 1ST READING (Date Feb 27,2006)
~ ORDINANCES FOR 2ND READING
QuasI-JudIcIal 0
Yes
com~"&"tm
o
No
~
~d
CltyM er ~
-
EXE(TTI\'E Sl':\J:\lAR\ :
In Februar;. of 2UG 1, the CIty of Wheat RIdge adopted the Streetscape and ArchItectural DeSIgn
~Ianual as a regulatIOn and supplement to the Zonmg and Development code. SectIOn 2 o of the
manual relates speCIfically to archItectural standards m the Clty of Wheat RIdge whIch pert am to
requIrements regardmg fac;:ade deSIgn, screemng of mechamcal eqUlpment and acceptable
archllectural matenals
These archllectural standards are reqUIred to be met for the development of any property wlthm the
ArchItectural Oesl!-,'11 Overlay Olstnct \\ hlch IS defined as all propertIes WIth NC, RC, C-l C-2, I
and PO zonmg,
The mdlVldual zone dlstnct development standards m Chapter 26 do not reference the reqUlred
streetscape and archllectura] standards. The proposed ordmance adds a reference to the Streetscape and
Archllectural Manualm each of the affected zomng dlstnct development standards.
Plannmg CommISSIon reVIewed the proposed ordmance at a publIc heanng held on December 1,
2005 A recommendatIOn of approval was gIven
The proposed ordmance asslsts m achlevmg the Council's goal of bemg prepared for growth by
provldmg clearly defined development standards and gUlde1mes,
COMMISSIO]';!BOARD RECOMMENDATION:
Plannmg CommlsslOn revIewed thIs case at pubhc heanng held on December I, 2005 A
recommendatlOn of approval was made for the followmg reasons
1 The Clly of Wheat RIdge has adopted leglslatlOn pertalnmg to the development standards for
the commercIal zone dlstncts;
2 The CIty of Wheat RIdge has adopted legIslatlOn pertamlng to streetscape and archltectural
deSIgn gUJdehnes,
3 There are no cross references between the two dIfferent sets of standards.
WIth the follOWing condlllOn,
That the follOWing language be added behind reference to archItectural and streetscape standards as
follows, "as may be amended"
There \vas no testImony from the audIence gIven regarding thIS code amendment.
Planning CommlsslOn's recommended modIficatIOns have been Incorporated mto the proposed
ordinance.
-
STA TE\IE:\T OF THE ISSl'ES:
Staff IS tryIng to Impro've customer sernce by proVIdIng cross-references hetween the zonIng and
development code zone dlstnct standards and the Streetscape and Archllectural DeSIgn !\fanual.
There are no outstandIng Issues,
ALTERt'\TATlVES CONSIDERED:
Do not modlf:: the regulatlOns
Fl:\'A:\CIAL BIPACT:
There IS no tlnanClallmpact to the City If these code changes are approved,
RECOMMENDED MOTION:
Opl1on A,
"I move to approve CouncIl BIll No 05-2006, Case No ZOA-05-04, an ordInance amending
Chapter 26 of the Wheat RIdge Code of Laws pertaInIng to references to the Streetscape and
ArchItectural DeSIgn Manual for the follOWIng reasons
2
1 The City ofV/heat RIdge has adopted 1egls1atlOn pertaInIng to the development standards
for the commerCIal zone dlstncts;
2 The CIty of\\'heat RIdge has adopted 1egls1atlOn pertaInIng to streetscape and architectural
desIgn gUIdelInes,
3 There are no cross references between the two dIfferent sets of standards"
Or,
OptlOn B.
"I mo\ e to table mdefimtely CouncIl Bill No 05-2006, Case No 20A-05-04 an ordInance amendmg
Chapter 26 of the Vv'heat RIdge Code of Laws pertammg to references to the Streetscape and
ArchItectural Deslgn Manual for the followmg reasons
1
')
, "
.)
Report Prepared by' MeredIth Reckert, 303-235-2848
Renewed by' Alan \\'hne
Attachments,
I December 1, 2005 Plannmg CommIssIon memo
') CouncIl BIlI)'\o 05-2006
--
Request for ell\. Council .\cllun-repor1 form
3
City of Wheat RIdge
Commumty Development Department
Memorandum
-'-~' 'NH[4>ojl/
~ . 0
- I '. C1
(u' '~'I
\;JV
TO: ,j:1annIng Comrmsslon
FROM: i" Meredith Reckert
SUBJECT: Case No. ZOA-05-04/Cross references
DA TE: November 22. :2005
Attached IS staffs recommended language to allow for cross-references between the commercial
zone dlStnCt regulatIOns and the Streetscape and Architectural Deslgn gUIdelines
In February of 2001, the Clly of Wheat Rldge adopted the Streetscape and Architectural DeSIgn
Manual as a reguiatlOn ~nd supplement to the Zomng and Development code SectIon 2 0 of the
manual relates speCifically to architectural standards In the Oty of Wheat Rldge \\ hlch pertain to
reqUIrements regarding faitade deSign. screening of mechanIcal eqUIpment and acceptable
architectural matenals.
These architectural standards are reqUIred to be met for the development of any property WithIn the
Architectural DeSign Overlay Dlstnct whlch IS defined as all propertIes With NC, RC C-l C-2, I and
PD zomng
-
The Indl\'ldual zone dlstnct development standards In Chapter 26 do not reference the reqUIred
streetscape and archItectural standards The proposed ordInance adds a reference to the Streetscape
and Architectural Manual In each of the affected zoning dlstnct development standards
Sl:GGESTED :\lOTIO:\:
"I move that Case)\;o ZOA-05-0.f. proposed amendments to vanous sectIons of Chapter 26 of the
Wheat Ridge Code of Laws referenCIng the Streetscape and Architectural Deslgn Manual, be
forv. arded to City CouncIl with a recomrnendatIon of APPROVAL for the follOWing reasons
...,
The CIty of Wheat RIdge has JdlJpted legislatIon pertaIning to the development
standards for the commerCIJ! zone dlstncts,
The CIty of Wheat Ridge has adopted legislatIOn pertaImng to streetscape and
archltectural deSign gUIdelInes,
There are no cross references between the two different sets of standards."
3
ATTACHl\IENT 1
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 05-2006
Ordinance No.
Series of 2006
TITLE: AN ORDINA.l\'CE AMENDING CHAPTER 26 OF THE WHEAT
RIDGE CODE OF LAWS PERTAINING TO REFERENCES TO THE
STREETS CAPE AND ARCHITECTURAL DESIGN MANUAL
"lIEREAS, the CIty of\Vheat R1dge has adopted ]eglslatlOn pertalll111g to the
development standards for the commercIa] zone dlstncts;
WHEREAS, the CIty of \Vheat R1dge has adopted ]eglslatlOn pertallllllg to
streetscape and archltectura] deSIgn gUldehnes,
\VHEREAS, there are no cross references between the two dIfferent sets of
standards,
BE IT ORDAINED BY THE CITY COUl'i'CIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
-
Section 1. SectIOn 26-2]6 NeIghborhood Commerc1al Dlstnct (NC) of the Wheat
RIdge Code of Laws IS hereby amended as follows
A Intent and purpose ThIS dlstnct IS estabhshed to proVIde for a reasonably
compatIble transItIon bet\'. een resIdentIal and more llltensn:e commercIal land uses It
provIdes for reSIdentIal scale, nelghborhood-onented professIOnal offices and servIces
whIch, by theIr nature and through desl!:,.'11 I1mllatlon, wlll promote neIghborhood stablllly
and protect nelghborhood values and character The dlstnct also provIdes hmlted
nelghborhood-onented retall uses b: special use approval ThIS dlstnct was formerly
titled the "RestncteJ CommercIa] One \RC -1) Dlstnct," IS hereby renamed, and the tItle
of saId dlstnct IS hereby changed on the offiCIal zonlllg map
B Development standards
12. Streets cape and Architectural Design Guidelines: See Streetscape and
Architectural Design :\Ianual, as may be amended from time to time.
A TT ACHMENT 2
Section 2. SectIon 26-217 Restncted CommercIal Dlstnct (RC) of the Wheat RIdge
Code of Laws IS hereby amended as follows
A, Intent and purpose. ThIS dlstnct IS estabhshed to accommodate vanous types of
office uses perfonmng admmlstratlve, professIOnal and personal servIces, and to pronde
for a hmlted range ofretaJl uses which are neIghborhood onented. It IS the mtent that
general retaIl uses that serve the commumty or regIOn, wholesahng, warehousmg,
mdustnal, and uses whIch reqUIre outsIde storage or dIsplay be prohibited, smce these
uses are mcompatib1e with other uses m thIS dlstnct.
B Development standards
12. Streets cape and Architectural Design Guidelines: See Streetscape and
Architectural Design Manual, as ma) be amended from time to time.
Section 3. SectIOn 26-218 Comrnerclal-One Dlstnct (C-1) of the Wheat Ridge Code
of Laws IS hereby amended as f01l0\vs
A. Intent and purpose, ThiS dlstnct IS estabhshed to provIde for areas wIth a WIde
range of commerCIal land uses \\ hlch Include office, general busmess, and retaIl sales and
serVIce establIshments, ThIS dlstnct IS supported by the commumty and or entire region,
-
B Development standards
12. Streetscape and Architectural Design Guidelines: See Streetscape and
Architectural Design Manual. as ma) be amended from time to time.
Section 4, SectIon 26-219 CommercJal- Two Dlstnct (C -2) of the 'hneat RIdge Code of
Laws IS hereby amended as follows
A. Intent and purpose. ThiS dlstnct IS establIshed to prm/lde for areas With a Wide
range of commerCIal land uses \\ hIch mclude office, general busmess, more mtenslve
retaIl sales, wholesale busmesses, and lIght manufactunng. ThIS dIstnct generally
depends on the entIre regIOn for the market area,
B Development standards
2
12. Streetscape and Architectural Design Guidelines: See Streetscape and
Architectural Design Manual, as may be amended from time to time.
Section 5. SectIOn 26-220 LIght Industnal Dlstnct (1) of the \Vbeat fudge Code of
Laws IS hereby amended as follows
A, Intent and purpose. The mtent of thiS dlstnct IS to permIt the use of prevIOUS
lndustnal (I)-zoned property for commercial and lIght mdustnal uses. Rezonmg to
lndustnal (I) Zone Dlstnct classIfication shall not be permitted, however, eXlstmg
Industnal (I)-zoned property may be developed and used m accordance WIth pro\ISIOnS
set forth herem,
B Development standards
-
12. Streets cape and Architectural Design Guidelines: See Streetscape and
Architectural Design Manual, as ma) be amended from time to time.
Section 6. Safety Clause, The City of Wheat RIdge hereby finds. determmes. and
declares that thiS ordmance IS promulgated under the general polIce PO\\ er of the CIty of Wheat
Ridge, that It IS promulgated for the health. safety, and \\elfare of the publIc and that thIS
ordmance IS necessary for the preservatIOn of health and safety and for the protectIOn of public
convel11ence and \\ elfare The CIty CouncIl further determlI1es that the ordmance bears a
ratIonal relatIon to the proper legIslatIve oblect sought to be attamed
Section 7. SeverabIlIty If any clause sentence. paragraph, or part of thiS Zonmg
code or the applIcatIon thereof to any person or CIrcumstances shall for any reason be adJ usted by
a court of competent Junsdlctlon mvalld, such Judbment shall not affect applIcatIon to other
persons or cIrcumstances.
Section 8. SupersessIon Clause. If any prO\'ISlon. reqUlrements or standard
establIshed by thIS Ordmance IS found to conflIct With SimIlar prOVISIOns, reqUlrements or
standards found else"" here m the Code of Laws of the CIty of Wheat RIdge, whIch are m
eXIstence as of the date of adoptIon of thIS Ordmance, the proVISIons, reqUlrements and standards
here shall supersede and prevaIl
3
Section 9. Effectl\'e Date. Tills ordinance shall take effect 15 days after final
publIcatIOn,
Il\'TRODUCED, READ, AND ADOPTED on first reading by a vote of to
In tlus day of . 2006. ordered publ1shed In full In a newspaper
of general cIrculatIOn In the CIty of Wheat Ridge and PublIc Heanng and consIderatIOn on final
passage set for ,2006, at 700 o'clock p,m" m the CouncIl
Chambers, 7500 West 29th Avenue, Wheat RIdge, Colorado
READ, ADOPTED AND ORDERED PUBLISHED on second and final readmg by a
vote of to , thIS day of ,2006
SIG"JED by the Mayor on thIS
day of
,2006
JERR I' DITULLIO, MAYOR
ATTEST
Pamela '1 Anderson, CIty Clerk
-
APPRo\'ED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
ST
1 publlcallon
no
:: publicatIOn
Wheat RIdge Transcnpt
Effecllve Date
4
~~
~/
ITEM NO
l+-.
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE. March 13, 2006
TITLE:
RESOLUTION 09-2006: A RESOLUTION APPROVING THE
SERVICE PLAN FOR LONGS PEAK METROPOLITAN DISTRICT
[8J PUBLIC HEARING
o BIDS/MOTIONS
[8J RESOLUTIONS
o ORDINANCES FOR 1ST READING
o ORDINANCES FOR 2ND READING
QuasI-Judicial.
o
Yes
~
No
,~ "
~0~r-Q
City M er 'J
EXECUTIVE SUMMARY:
-
On December 20, 2004, the city approved an Annexatlon and Development Agreement for property
located west of Interstate 70, south of State Highway 58, north of West 32nd A venue and east of
Eldndge Street among Cabela's Retail Inc and Coors Brewing Company, The Property IS expected
to be used for busIness and commercIal purposes, IncludIng an approximately 200,000 squarc foot
Cabcla's retail store
MetropolItan dlstncts In Colorado have become a common tool for financmg the publIc
Infrastructure portion of large development proJects. All special dlstncts In Colorado organized
under Title 32 of the Colorado Revised Statutes (C R.S ) are reqUired to file a service plan WIth the
city counCil of thc mUniCIpalIty In which the dlstnct IS proposed, Seter & Vander Wall, P c.,
rcpresentIng the owners of this property, filed the Longs Peak MetropolItan Dlstnct Service Plan
With the City on February 21, 2006 The purpose of the Dlstnct IS to proVide public Infrastructure
Improvements withIn and Without the Property The Dlstnct Will acquire and/or deSign, finance,
construct and Install publIc Improvements for the use and benefit of the citizens of Wheat Ridge, the
Dlstnct's taxpayers and owners of the Property. and the public at large, accomplishIng these
purposes through the Issuance and repayment of sales tax and public Improvement fee bonds,
The proposed Service Plan descnbes and sets forth those powers and authorities the Dlstnct shall
have as allowed by Colorado law The exercise of such powers, however, will at all tlmes be
governcd by and subJcct to thc terms of the City lGA, State law allows local governments to exert
Significant control over the organizatIOn and operatIOn of speCial districts, The service plan approval
process IS the key to exerCising that control
COMMISSIONfBOARD RECOMMENDATION:
None
STATEMENT OF THE ISSUES:
There are mInImum requirements for the types of Information that a servIce plan must contam as
detaIled In Section 32-1-202(2) of the C R,S These are
A descnptlon of the proposed servIces,
.., A financIal plan shOWIng how the proposed services are to be financed,
3 A prelImmary engIneenng or archItectural survey shOWIng how the proposed services arc to
be provided.
4 A map of the proposed specIal dlstnct boundanes and an estimate of the populatIon and
valuatIOn for assessment of the proposcd speCIal dlstnct,
S A gcncral descnptlOn of the facIlities to be constructed and the standards of such
construction.
6 A general descnptlOn of the estimated cost of acquIrIng land, engIneenng scrVlCCS, legal
serVIces, admInistrative serVIce, InIlial proposed Indebtedness and estlmatcd proposcd
maximum mterest rates and dIscounts, and other major expenses rclated to the organILatlOn
and mltlal operatIOn of the dIstnct; and
7 A descnptlon of any arrangement or proposed agreement WIth any polItIcal subdIVISIon for
the performance of any servIces between the proposed speCIal dlstnct and such othcr
polItIcal subdIVISion,
ALTERNATIVES CONSIDERED:
-
Sectlon 32-1-203 of the C R,S gIves the followmg authonty to the governmg body of the
mUnIcIpalIty m refercnce to thc reVIew of any sen Ice plan.
..,
Approve the scn'lce plan WIthout condItIOn or modificatIOn,
Disapprove the servIce plan, or
ConditIOnally approve the service plan subJcct to submISSIOn of addItIOnal mformatlOn
rclatmg to or the modIficatIOn of the proposed scrVlce plan.
3
Staff has rccommcnded and the Dlstnct proponcnts have agreed to Incorporate certam changes and
modtficatlOns mto the ServIce Plan as filed Those changes and amcndments are largely clcncal and
sty IIsl1c In nature and do not change or amcnd an) baSIC or fundamental proVISIon of the Service
Plan as filcd. The Dlstnct proponents filcd a rCVlsed vcrs !On ofthc Service Plan contamIng all of the
recommended changes and reVIsIOns WIth the City Clerk on March 9, 2006. and the) request that
thc Scrvlce Plan be reVIewed and consldercd b) CIty CouncIl In that form. The speCific changes and
modificatIOns are as follows.
a, In the second paragraph of subscctlOn IV,A., change the reference to "Exhibit I of the
CIty IGA" to "ExhIbit 5 of the CIty IGA."
b Change the second paragraph of subsectIOn IV B to read in Its enl1rety as follows.
"Some facilities may be furnished by other entitles and financed by the Dlstnct.
Water system components withIn Director Dlstnct No 2 will be Installed.
owned and ooerated by North Table MountaIn Water and SanitatIOn Dlstnct.
Water system components withIn the remaInder of the Dlstnct wIll be paid for
by the Dlstnct and Installed by Consolidated Mutual Water Company in
accordance with Its standards, speCificatIOns and reqUIrements. and th~ +fie
water system improvements will contmue to be owned. ooerated and maIntamed
by Consolidated Mutual Water Company"
c Change paragraph 1 of subsectIOn IV C to read in Its entirety as follows.
"Planned Improvements Include design, gradmg, constructIOn and/or
acquIsItion of a publIc street and roadway system and associated faCilities and
amemtles. The street and publIc roadway Improvements are lIsted on Exhibit I
to the City IGA an<:i PublIc streets Ilnd roadways WlthlR the DistrIct Will be
treated separatel)' from those outside the Dlstnct's boundanes,
-
PublIc streets, roadways and traffic safety Improvements to be acqUired,
constructed or Installed by the Dlstnct wlthm its boundaries are depicted on
Exhibit D-2A. Pursuant to the City IGA and as further descnbed In the
AnnexatIOn Agreement. the Dlstnct will dedicate Cabela Dnve and the 40th
A venue ExtenSIOn to the City for operatIOn and mamtenance, An) other publIc
street and roadway Improvements WithIn the DistrIct's boundanes will be owned
and mamtaIned by the DistrICt. All public street Improvements shall be subject
to the operatlOnal control and Junsdlctlon of the City as publIc streets and shall
be fully avaIlable and acceSSible to all members of the publIc. subject to the
ordmances and regulatIOns of the CIty applIcable generally to SimIlar faCilities
throughout ItS corporate lImits even If the) are owned and maIntaIned by the
Dlstnct. Upon dIssolutIOn of the DiStrIct, thc City will acccpt the conveyance of
all streets and publIc roadways.
PubliC streets, roadways and traffic safety Improvements to be acqUired,
constructed or Installed by thc DistrIct outSide Its boundanes are also depicted
on Exhibit D 2.\. Turn lanes, traffic ramps, overpasses and underpasses
croSSIng or connectIng to Colorado State Highway No 58 and U S Interstate 70
and all Improvements located In hlghwa) rIght-of-way will be dedicated or
conveyed to the Colorado Departmcnt of Transportation, the City or the County
as proVided In ExhibIt i-+ to thc CIt) IGA,"
d, In paragraphs I and 2 of subscctlOn V B.. change the term "Shared Sales Tax Revenue
Bonds" to "Sales Tax Bonds."
e, In paragraph 2 of subsection VB, change the term "Public Improvement Fee Revenue
Bonds" to "PublIc Improvement Fee Bonds"
I' Change paragraph 4 of subsection V E to read In its entirety as follows
"The estimated cost of en!.!meenng and leQal services and acauinnQ land the
dollar amount of any antiCipated financmg. Including capitalIzed Interest. costs
of Issuance, estImated maximum rates and discounts, and any other expcnses
related to the organization and Imtla1 operatIOn of the Dlstnct."
g, In paragraph 7 of subsection XIII, add the folloWIng sentence at the end,
"This lImitatIOn does not apply to any Bonds,"
h. Move the Tab for Exhibit 0 to the page Immediately precedIng the tab for Exhibit 0-1
1. Delete Exhibit D2-C
J Revisc Exhibit D-5 to sho\\' the locatIOn of publIc meetIng spaces,
k. Amend the City IGA, beIng also Exhibit G-I to the Service Plan, In the followmg
particulars.
(I) In the first sentence of the definitIOn of "PublIc Roadway Improvements" m ~2,
change the phrase "under the headmg 'PublIc Roadways'" to read "under the
headmg 'List of Sales Tax Improvements. '"
(ll) In the last sentence of 96 9. change the phrase "m excess of 32.000.000 MillIon
Dollars" to read "m excess of ThIrty Two MillIon Dollars ($32,000,000)"
(ill) In the last sentence of 97.5, change the phrase "m excess of 50,000.000 MillIon
Dollars" to read "m excess of Fifty MillIon Dollars ($50,000,000) ..
(IV) Add the tItle "Exhlblt 6" to the Sales Tax and PublIc 1mprovemcnt Fee
Comparative AnalYSIS Immediately followmg Exhibit 5
--
FINANCIAL IMPACT:
The City did not reqUire a submittal fee for thiS service plan. Costs aSSOCiated with thiS service plan
mclude staff. consultant and attorney time to re\'lc\\' the submitted documents,
RECOMMENDED MOTIONS:
"I move to approve ResolutIOn 09-2006 - A Rcsolullon Approvmg the Service Plan for Longs Peak
MetropolItan Dlstnct.
or.
"I move to table mdefimtely 09-2006 - A ResolutIOn Approvmg the Service Plan for Longs Peak
MetropolItan Dlstnct for the followmg reason(sl_
Rcport Prepared by'
Report ReViewed by'
Patnck Goff. Deputy Clt) Managcr
Randy Young. City Manager
Charlcs Kucchcnmclslcr. City Attorney
Attachments,
\, ResolutIOn 09-2006
.., Longs Peak MetropolItan Dlstnct Service Plan as Submitted February 27, 2006 and
Modified March 9, 2006
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 09
Series of 2006
TITLE:
A RESOLUTION APPROVING THE SERVICE PLAN FOR LONGS
PEAK METROPOLITAN DISTRICT.
WHEREAS, pursuant to SectlOns 32-1-204.5 and 32-1-205, C.R.S.. as amended, a
ServIce Plan for the proposed Longs Peak MetropolItan Dlstnct was filed wIth the CIty of
Wheat RIdge by the ovmers of 100% of the property proposed to be included WIthIn the saId
dIstrict. and
WHEREAS, on or about March 9, 2006 the said property owners filed a reVIsed ServIce
Plan (the "ServIce Plan") contaInIng certaIn changes and modIficatIons as recommended and
supported by the CIty Staff, whIch changes and amendments are largely clerical and stylIstiC In
nature and do not change or amend any baslC or fundamental provlslOn of the ServIce Plan as
filed on February 21,2006, and
WHEREAS, the CIty CouncIl held a publIc hearIng on the ServIce Plan on March 13,
2006, and
-
WHEREAS. notIce of the hearing before the CIty CouncIl was duly publIshed In the
DCf1\'i:r POS! on February 2 L 2006 and was sent to the governIng body of each mUI1lclpalIty and
speCial dIstriCt WIthIn a radIUS of three mIles of the proposed speCIal dIstriCt's boundanes that
ha\ e le\'led an aJ valorem tax WIthIn the next precedlIlg tax year; and
WHEREAS. the City CouncIl has conSidered the Service Plan, and all testImony and
other e\'ldence presented at the hearIng, and
l\OW, THEREFORE, BE IT RESOLVED by the CIty CouncIl of the CIty of Wheat
RIdge. Colorado, as follows
1 The above and foregolIlg reCItals are Incorporated hereIn by reference and are
adopted as findlIlgs and determlIlatIons of the CIty CouncIl
') The CIty CouncIl further finds and determlIles that all applIcable requIrements of
part 2, artIcle I, title 32, Colorado ReVised Statutes, relatlIlg to the filIng of the ServIce Plan and
the conslderatlOn thereof by the CIty CouncIl, ha\ e been met.
3 Based upon eVidence presented In the Service Plan and at the hearIng, the City
Council hereby determines as follows
a, Adequate servIce IS not, and wIll not, be aVaIlable to the area to be served by
the proposed speCial distrIct through the CIty or other eXIstIng speCIal faCIlity
dIStrICtS wlthlIl a reasonable tIme and on a comparable basIS.
ATTACHMENT 1
b The facility and servIce standards of the proposed special dlstnct are
compatl b1e with the facility and service standards of the CIty
c There IS sufficient eXlstmg and projected need for organized se!,\'lce m the
area to be se!'\'ed by the proposed special dlstnct.
d EXlstmg se!'\'lce in Ihe area to be served by the proposed special dlstnct IS
madequate for present and projected needs.
e The proposed speCial dlstnct IS capable of provldmg economical and
suffiCient se!'\'lce to the areas \vlthm ItS proposed border
f The areas to be mcluded wlthm the proposed speCial diStriCt have or WIll have
the financial abIlIty to discharge the proposed mdebtedness on a reasonable
baSIS.
g The proposal IS m substantIal complIance With any duly adopted master plans
h. The proposal IS m complIance WIth any duly adopted county, regIOnal or state
long range water qualIty management plan for the area.
The creatIOn of the proposed Dlstnct wIll be m the best interest of the area
proposed to be served,
-
The park and recreatIon facIlIties and Improvements to be furnished by the
proposed speCIal dlstnct do not duplicate or mterfere With Improvements or
facIlities already constructed or planned to be constructed wlthm the proposed
speCial dlstnct b) the Prospect RecreatIon and Park Dlstnct.
4 Subject to the pronslOns of Section 5 below. the City CouncIl does hereby
appro\'e the Se!'\'ICe Plan for the Longs Peak MetropolItan Dlstnct as submitted to the CIty on
Februar) 21,2006, WIth the changes and modIficatIOns submitted on or about March Q, 2006
5 Notwlthstandmg the pro\'ISlons of SectIOn 4 above, the faIlure of the proposed
speCial dlstnct to execute and delIver the Cll) IGA attached to the Service Plan as Exhibit G-l
\\llhm 45 days after the said dlstnct IS declared orgamzed by the Dlstnct Court m and for
Jefferson County, Colorado shall be a material modificatIOn of or departure from the Service
Plan. and the said dlstnct takmg any substantIve action prior to the executIOn and delIvery of SaId
agreement ma) be enJomed by the City as proVided by ~32-1-207(3 )(a), C.R.S The Mayor and
CIty Clerk are hereby authonzed to execute and delIver the SaId City IGA on behalf of the CIty,
upon the execution and delIvery thereof by the proposed speCial district.
6 A certified COP) of thiS ResolutIOn shall be filed m the records of the City and
submItted to the petItIOners for the purpose of filIng m the Dlstnct Court of Jefferson County
-2-
7 All resolutions or parts thereof In conflIct with the provIsions hereof shall be and
the same are hereby repealed.
Done thIS _ day of March, 2006, at Wheat fudge, Colorado
CITY COUNCIL OF THE
CITY OF WHEAT RIDGE,
JEFFERSON COUNTY, COLORADO
B)
Jerry DiTullIo, Mayor
ATTEST
Pam Anderson, CIt} Clerk
-
~
-.)-
ITEM NO S I
REQUEST FOR CITY COUNCIL ACTION
~w
COUNCIL =V1EETING DATE
March 13,2006
TITLE:
COUNCIL BILL 07-2006, AN ORDIXAi~CE Al\1E~lHNG SECTION
26-109 OF THE WHEAT RIDGE CODE OF LAWS CONCERl\'ING
PUBLIC HEARING NOTICE AND PROCEDURES (CASE NO.
ZOA 05-03)
o PUBLIC HEARING
o BIDS'-~10TIOl'\S
o RESOLUTIONS
~ ORDIN~'t\!CES FOR 1 ST READING (Date March 13, 2006)
o ORDD:ANCES FOR 2?--i'D READ1'\JG
-
QuasI-JudIcIal 0 ~
Yes No
~^' !Ij~
Commumty Development DIrector
~~~cD
Crty ~lana ,r
EXEceTlVE SU:\E\lARY:
Planmng CommIssIOn requested that staff look at the City's public heanng notIce reqUIrements
compared to other cItIes. The changes m the proposed ordmanee are those Counell dIrected staff
to make at a study seSSlOn on February 6, 2006 The changes requested by CouncIl are
Increase the sIze of the posted notIce SlhTIl to 22" x 28"
Increase the area for malled notIces from 100 feet to 300 feet from the subject property
3 Decrease the notlcmg penod from 15 days to 10 days
4 Requlfe that publ1c notIce SIgnS be remO\ cd from the subject property wlthm 72 hours
followmg the conclusIOn of the public heanng,
Include the mmor c1anficatlOns proposed by staff
..,
5
Pbnmng CommIssIon conSIdered an ordmance on thIs subject on January 5, 2006 and
recommended a larger slt,TIl and longer notlcmg penod, Other recommendatlOns were requested to
be mcluded by Cauncll
-
The proposed ordInance relates to Council's goal of creatIng a strong partnershIp between the City
and communIty by provldmg mcreaSIng the communIty's awareness of upcomIng land use case
heanngs,
COMMISSIOl"/BOARD RECOM1\1ENDA TION:
PlannIng CommIssIOn recommended changIng the CIty's publIc notIce reqUIrements In the
follOWIng ways
1 Increase the dIstance for notIfYIng affected landowners from 100 feet to 300 feet.
2 Increase the sIze of the posted SIgn from 18" x 24" to 36" x 48"
3 ChangIng the notIce penod from 15 days to 21 days.
4 Include a tIme penod (72 hours) for removal of SIgnS after the publIc heanng IS conducted.
ST A TEl\IE~T OF THE ISSUES:
Changes to the notIcIng reqUIrements can affect the cost and length of tIme to process a land use
applIcatIOn, The proposed ordInance as dIrected by CounCIl from the study sessIOn will have the
follOWIng Impacts
The mcreased notIficatIon dIstance will mcrease the number of m311Ings to prepare and staff
tIme to prepare those mallmgs, The mcreased nwnber ofmallmgs WIll Increase the cost of
postage for all land use applIcatIOns.
-
')
The larger SIgn wIll be slIghtly more expensIve to have pnnted.
3
These Increased costs wIll be passed on to applIcants. By ordmance, the costs of publIc
heanng notIces are to be reImbursed to the CIty PublIc notIce fees WIll need to mcrease a
mInImum ofS85 00 to cover mcreased costs ThIS applIes to all land use applIcatIOns, even
relatIvely mmor ones like vanances. On larger projects we wIll recover actual costs,
4
The decreased notIce penod wIll not ImmedIately shorten the notlcmg penod for PlannIng
CommIssIOn heanngs because of the pnntmg schedule of the Transcnpt. On land use cases
requmng first and second readmgs, the I a-day penod wIll enable us to schedule the two
readmgs two weeks apart mstead of the current four weeks, savmg the applIcant two weeks.
AL TER"IA TIVES CONSIDERED:
ReqUIre larger SIgnS,
2 ReqUIre a longer notlcmg penod,
3 Do not make changes to the current requIrements.
FINANCIAL I:\lPACT:
There WIll be mcreased postage, pnntmg and personnel costs mcurred by the CIty resultmg from the
\\Sf'i-cl-eng-002\usersS\awhl~e'Al1 Fdes'.zomr.g amendments' l\otlcmg Requlrements\ \ st Readmg CAF .doc
adoptlOll of thIs ordmance, It IS estImated that these Increases WIll total $75 00 for an "average" land
use applIcatIon, The costs of publIc notIcIng are reImbursed by land use applIcants, ApplIcatIOn fees
WIll be Increased to cover these costs,
RECO.'\II\IEi'DED MOTION:
"I move to approve CouncIl BIll 07-2006 on first readIng, order It published, publIc hearIng set for
Monday, March 27, 2006 at 7'00 p,m. in City Council Chambers, and that It take effect 15 days
after final publIcatIOn"
Or,
"I move to table IndefinItely CouncIl BIll 07 - 2006
Report Prepared bY' Alan Wlute, Community Development DIrector
Renewed by-
-
Attachments:
I CouncIl Study SessIOn Memo dated January 31,2006
2 Table of Other JunsdlctJOn ReqUirements
3 CounCil BIll 07-2006
\"Sf'oi-t1-eng-002',usersS\awhlte'All Fdl::5'zonmg amendments',Notlcmg ReqUIrements' 1 St Read\ng CAF .doc
City of Wheat Ridge
Community Development Department
Memorandum
I~~.!" .~:" '.
,::, "'\:--'\
(u ~~
~ o~Y[;/J
TO: Mayor and Clly Council
FROM: Alan \\111te, Commumty Development Dnector
SUBJECT: PublIc NotIce Requirements
DATE: January 31,2006
Planmng CormmssIOn requested that stafflook at our public heanng notice reqll1rements compared
to other cIlles. A memorandum to Planmng CommissIOn, a chart summanzlng the companson. and
a proposed ordinance are attached, Planning CommissIOn recommended changing our public nOllce
reqll1rements m the followmg ways
-,
Increase the dIstance for notIfy1ng affected landowners from 100 feet to 300 feet.
Increase the SIze of the posted Sign from 18" x 24" to 36" x 48"
Changmg the nOl1ce penod from 15 days to 21 days
Include a l1me penod (72 hours) for removal of SignS after the public heanng IS conducted,
3
4
-
There are also a fe\\ mmor clanficatlOns proposed by staff.
Impacts
The proposed changes wlll Impact staff and applIcants m the follOWIng ways
Increased staff time and postage cost. The letter notices are prepared and malled by staff
AddlllOnal staff time to prepare mallmg lIsts and maIlmgs for the reqUired letters. There IS
an addlllOnal cost assOCIated WIth thIS Increased staff tIme The additIOnal cost IS dIfficult to
quanuf: because a brger project generates a larger maIling. There really Isn't an "average
maIlmg" ln addlllOn, the cost of cenlfied maIlIng postage has Increased.
2 Increased cost of larger sign. The Clly prOVIdes the SIgnS that are, In turn, posted by the
applIcant. The larger SIgns will cost an addltlonal 57 00 to pnnt. There IS also the very real
challenge of findmg a place to store the larger SignS Applicants wIll have a more dIfficult
l1me postmg the larger Sign.
3 Costs passed on to applicants. By ordinance, the costs ofpubhc heanng notices are to be
reImbursed to the CIty PublIc notIce fees will need to Increase a minImum of585 00 to
co\er mcreaseJ costs, ThIS applIcs to alllanJ use applIcatIOns, even relatIvely mmor ones
lIke vanances On larger projects we recover actual costs
.:\ Increased project re\ ie" delays. The addItIOn a] notice penod Will result In at le3st a
cumulative two week delay m processmg applicatIOns. There wIll be approximately one
A TT~L\CHl\;IENT 1
month bet\\ een the time the notice IS sent to the newspaper and when the notice appears In
the paper A CounCl1 heanng on February 2th would have to be to the newspaper by January
3151 and published on February 2nd to meet the 21 day reqUIrement. ThIs IS the OpposIte of
busIness fnendly
Staff Recommendations
")
Increase the notlficatlOn area to 300 feet.
Increase the SIgn SIze to 22" x 28" (or no more than 24" x 36").
Do not Increase the notice penod from 15 to 21 days
Include the 72 hour removal reqUIrement.
Include staff clanficatlOns
~
.)
4
5
Attachments
")
Planmng ComrmsslOn Memorandum
Companson Chart
Draft ordInance With staff recommendatIOns.
3
-
PUBLIC NOTICE REQUIREMENTS
I Jurisdiction Notice to # of Days Sign Size
Landowners I
i Arvada 400' 12\'1 24" x 36" I
I Aurora AbuttinQ land 10 24" x 24" ,
I
I Broomfield 500' 10 22" x 28" ,
,
, Centennial Adjacent land , 14 3' x 4'
I
, ' \~I (~) " " ,
-
I Commerce City
! Denver
: En lewood
I Golden
I Jefferson County
, Lafayette
! Lakewood
I Littleton
I Lone Tree
i Louisville
North lenn
Thornton
Westminster
Wheat Ridge
300
Not required
500'
300'\-
500'
750'
500'
Not re uired
200'
500'
500'
600'
300'
100'
10
21
10
12
14
10
15
10
15
15
15
10
12H
15
Notes
I 24 x 36
I Prescribed b
22" x 28"
I 24" x 36"
I 24" x 30"
I Not specified
I 24" x 36"
3' x 4'
.3' x 4'
! Not s ecified in code
I 20" x 26"
i 24" x 42"
! 30 s f
I 18" x 24"
I
,
-----.J
(1) 15 days for sign
(2) Technically not reqUIred by code
(3) Planning commission only; not required for city council
(4) Four days required for city council
ATTACHMENT 2
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 07-2006
Ordinance No.
Series of 2006
TITLE: A..'\' ORDINA..J\TCE AME!\iHNG SECTION 26-109 OF THE WHEAT
RIDGE CODE OF LA WS CONCERt'\'ING PUBLIC HEARING
l\'OTICE Al\'D PROCEDURES.
BE IT ORDA1:\'ED BY THE CITY COlJNCIL OF THE CITY OF \VHEAT RIDGE,
COLORADO, THAT
Section 1. SectIOn 26-109 of the Code of Laws IS hereby amended as follows
Sec. 26-109. Public hearing notice and procedure.
A. Prc-applzcatlOn neighborhood meeting Pnor to submIttmg any applIcatIOn for u rezomn;
of property to u hl;her use than IS currently permItted, for approval which requires a
neighborhood meeting under the provisions of Section 26-106, Review process chart,
of u planned development, or for u specIill use permIt, an applIcant shall be reqUIred to do
the followmg:
-
ApplIcant shall, by regular mall or by pamphlet or flyer personally delIvered, notlf)
all reSIdents wlthm SIX hundred (600) feet of the area subject to the land use
application proposed to be rezoned or for whIch il use pem11l ilS speclfied ilbove t5
sought, of a meetmg to be held, at a tIme and place selected by apphcant but
reasonably calculated to be com ement both to applIcant and those reSIdents notIfied,
for the purpose of allowmg the apphcant to present to saId reSIdents the nature,
character and extent of the actlon requested by applIcant, and further to allow the
reSIdents to gl\ e mput to the applIcant regardmg saId proposal
~
The mtent of thIS proposalls to gl\ e adequate opportumty for both applicants and
reSIdents to gIve and recel\ e mput regardmg proposed projects pnor to their formal
submISSIOn so that the projects are carefully deSIgned and conceIved to be compatible
WIth surroundmg neIghborhoods. It IS not the mtent of the city counell to reqUIre
formal agreements between applIcants and reSidents pnor to submISSIOn of
applIcatIOns, nor IS any applIcant to be demed the nght to proceed to any reqUIred or
permItted heanngs regardmg such apphcatlOn because no agreement IS reached.
Rather, the cn councll b) thIS subsectIOn IS encouragmg reasonable, honest, good
faIth commumcatlon between reSIdents and apphcants, and VIce versa.
3
);0 applIcatIon shall be accepted by the Cll) 's staff untIl applIcant has certified by
affidaVit that he has complIed WIth the proVISIons oftlus subsectIOn A.
B JVcwspapcr publzcallon At least ten (10) fifteen (15) days pnor to any pubhc heanng for
a speclfic sIte or dC\elopment \\hlCh reqUIres approval by the plannmg commiSSIOn,
A.TTACHIVJENT 3
board of adjustment or cIty councIl, the dIrector of commumty development shall cause
to be publIshed, ill the legal sectIon of a newspaper of general CIrculatIOn WIthm the CIty,
a notIce of publIc heanng. The notIce shall specIfy the kmd of actIOn requested, the
heanng authonty; the lIme, date and locatIOn ofheanng; and the locatIOn of the parcel
under consIderatIOn by both address and legal descnptlOn, NotwIthstandmg the abo\ e,
any actIOn whIch reqUIres approval by passage of an ordmance by cIty councIl shall be
subject to the regular ordmance approval process, wluch mcludes a first readmg of the
ordmance by cIty councIl at a regular meetmg where no testImony IS allowed. Then, If
passed upon first readmg, council establIshes the tIme and date of the publlc heanng and
the cIty clerk shall cause the proposed ordmance to be publIshed m a fonn and manner as
described above
C Posred norice, At least ten (10) fifteen (15) days pnor to any publIc heanng for a speCIfic
sIte development wluch reqUIres approval by the planmng commISSIon, board of
adjustment or cIty councIl, the dIrector of commumty development shall cause to be
prepared, and the applicant shall post, a SIgn (one (1) per street frontage) upon the parcel
under conSIderatIon for approval whIch proVIdes notIce of the kmd of actIOn requested,
the heanng authonty; the tIme, date and locatIOn of heanng; and the locatIon of the parcel
under consIderatIOn by betfl address or approximate address. and legal descnptlOn, The
SIgn shall be posted wlthm the property boundanes, shall be affixed to a flat surface,
shall measure twenty-two (22) inches in height by twenty-eight (28) inches in width,
shall be elevated a mlmmum of thIrty (30) 1l1ches from the ground (however, not more
than SIX (6) feet above ground), shall be VIsible from the street WIthout any obstructIOns,
shall be legible and dIsplayed for fifteen (15) days pnor to the publIc heanng The sign
shall be maintained in good condition by the applicant throughout the ten (10) day
posting period. The sign shall be removed within 72 hours from the date the public
bearing is concluded. The fact that a parcel was not cont1l1uously posted the full ten
(10) fifteen (15) days may not, at the dIscretIon of the heanng authonty, constItute
grounds for contmuance where the applIcant can show that a good faIth effort to meet thIS
post1l1g reqUIrement was made
-
D Letter nOlIce At least ten (10) fifteen ( 15) days pnor to any publIc heanng whIch
reqUIres notIficatIon by letter, the dIrector of commumty development shall cause to be
sent. by certIfied maIl, a letter to adJacent property owners wlthm one hundred (100)
tbree hundred (300) feet of the property under conSIderatIon and to owners of property
mcluded wlthm the area under conSIderatIon The letters shall speCIfy the kmd of actIOn
requested, the heanng authonty: the tlme, date and locatIon ofheanng; and the locatIOn
of the parcel under consIderatIOn bv address or approxImate address, FaIlure of a property
owner to receIve a mailed notIce wIll not necessItate the delay of a heanng by the
hearing authority plu.nnm::; commISSIon or CIty councIl and shall not be regarded as
constltutmg madequate notIce
Section 2, Safetv Clause, The CIty Council hereby finds, detennmes, and declares that
thIS ordmance IS promulgated under the general polIce power of the CIty of Wheat RIdge,
that It IS promulgated for the health, safety. and welfare of the pubhc and that thIS ordmance
IS necessary for the preservatIon of health and safety and for the protectIOn of pubhc
--
convemence and welfare The Clty Councl1 further determmes that the ordmance bears a
ratlOnal relatlOn to the proper 1egJS!atlve object sought to be attamed.
Section 3, Severabl1ltv; Confllctmg Ordmances Repealed. If any sectlOn, subsectIOn or
clause of thIS ordmance shall be deemed to be unconstitutIOnal or otherwlse mval1d, the
vahdlty of the remammg sectlon, subsectIOns and clauses shall not be affected thereby All
other ordmances or parts of ordmances m conflIct wIth the provlSJOnS of thIS ordmance are
hereby repealed,
Section 4. EffectJve Date. ThIS ordmance shall take effect 15 days after final
publ1catlOn,
I~TRODeCED, READ, AND ADOPTED on first readmg by a vote of to
on thIS _ day of ,2006, ordered pubhshed m full m a ne\\ spaper of
genera! CIrculatIOn m the CIty of \\'beat Ridge and Public Heanng and consIderatIOn on final
passage set for ,2006, at 7'00 0 'clock pm., m the CouncIl Chambers,
7500 \Vest 29th A venue, Vv'11eat Ridge, Colorado
READ, ADOPTED AND ORDERED Pl'BLISHED on second and final readmg by a
\' ote of to , thIS day of , 2006
-
SIG:\ED by the Mayor on this
day of
,2006.
Jerry DITullio, Mayor
ATTEST
Pamela Y Anderson
.\PPRO\,ED AS TO FORo\1 BY CITY A TTOIU\EY
Gerald Dahl. elty Attorney
1" PublicatIon
:2"" PublicatlOn.
\Vheat RIdge Transcnpt
Effect!ve Date
ITEM NO CO I
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE
March 13, 2006
TITLE:
COUNCIL BILL 08-2006, ~ ORDINAt~CE Al\IE~rnING SECTION
26-707 A 1 OF THE WHEAT RIDGE CODE OF LAWS
PERTAINING TO NOl\'CONFORMING SIGl\'S (CASE NO. ZOA
05-06)
o PLTBLIC HEARING
o BIDSIMOTIONS
o RESOLUTIONS
[8J ORDINANCES FOR 1ST READING (Date Mar.ch 13,2006)
o ORDINANCES FOR 21\1D RE.WING
QuasI-JudIcIal 0 [8J
Yes No
!I~0 ~
Commumty Development DIrector
~
G u-.,j Y
Clly Man b S
-
EXEClTIVE SE\I:\IARY:
In December 2005 CIty Councll dIrected staff to prepare an ordmance amendmg SectIOn 26-707 A of
the Code of laws dealIng wIth non-conforrmng SIgnS, specIfically to clanfy ho\\ terms used m the
sectIOn apply to non-conformmg SIgnS The mtent IS to not reqUIre SIgnS to be brought mto
conformance wIth other sectIOns of the SIgn code I fthe only change IS the replacement of a cabmet on
top of an eXlstmg structure
The proposed ordmance was not recommended for approval by PlannIng CommIssIOn at a pubhc
hearrng on January 5, 2006
The proposed ordInance affects Councd's strategIc goals of developIng 1-70 as a major commercIal
comdor and redevelopmg the Wheat RIdge CIty Center smce slgnage IS an mtegra1 part of
de\'elopment m these subareas of the CIty As wIth any amendment to development regulatIOns, the
ordmance also prepares the CIty for growth and opportumtles.
CO\I:\JISSIO:\'/BOARD RECO\I\IE:\'DA no:\':
Plaruung CommIsSIOn recommended the proposed code change not be adopted,
STATEME:\TT OF THE ISSUES:
P1anmng CorrumsslOn was concerned that the proposed ordinance would perpetuate the eXIstence of
nonconformmg SIgnS; that old nonconformmg pole SIgnS would contmue to dommate the CIty's
streetscapes. It was felt that the SIgn code should be exarmned m ItS entIrety and not m a pIecemeal
fashIOn. The SIgn code should be looked at m relatIon to the ComprehensIve Plan, N'RS, Streetscape
Manual, and the StrategIc Plan.
ThIs code change WIll apply to all nonconformmg SIgnS throughout the CIty and ItS Impact wIll not be
Isolated to one sectIOn of the CIty
Pole SIgnS tend to clutter the VIsual envIronment and detract from any streetscape or landscape
Improvements, unlike monument SIgnS, Street trees, reqUIred by the Streetscape Manual. can block
the VIsibIlIty of pole SIgnS once the trees reach a mature heIght. Allowmg the contmued use of pole
slgnage WIll tend to perpetuate the cluttered envIronments we see on many of the CIt; . s streets,
The hardest thmg to deal wIth m a communIty that IS mostly bUIlt-out IS effectmg changes that WIll
be good m the long run, but whIch create some hardshIp m the mtenm. One part of a
comprehenSIve program to Improve the Image of the CIty's streets (a goal m the NRS) would be to
requIre that all SIgnS be converted to monument sIgns, The current code only encourages thIS,
AL TER"-'A TIVES CONSIDERED:
-
-,
ProVIde addItIOnal mcentlves to convert pole SIgnS to monwnent SIgnS. (Currently the code allows
a waIver ofpenmt fees to bnng a nonconfonmng SIgn mto conformance)
Reduce the reqUIred setback for SIgnS, thereb; elImmatmg m many cases the creatIOn of the
nonconformIty
Do not appro\e the ordmance.
~
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FI~ANCIAL I!\tPACT:
The code change WIll not have a finanClallmpact on the CIty
RECO!\t:\tE~DED !\tOTION:
"I move to approve CouncIl BIll 08-2006 on first readIng, order It pubhshed, pubhc heanng set for
Monday, March 27,2006 at 7'00 p.m In CIty CouncIl Chambers, and that It take effect 15 days after
final publIcatIOn,"
Or,
"I move to table IndefinItely Councll Blll 08-2006
\\srv-cl-eng-002\usersS\3whlte\A11 Flles,zonmg amendments'Slgn Code\Nonconfonmng Slgs CAF 1st.doc
Report Prepared by' Alan Wlute, CommuDlty Development DIrector
RevIewed bY'
Attachments:
1 Plannmg CommIssIon memo
.., CounCIl Bdl 08-2006
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Sf\- -C\-e!lg~OO'2 ,u~ers$"'awh1te' >\11 FlIe~,..zon:ng a:T1er:dr.1ents .sIgn Code '\,onconlormlng SlgS CAF t st doc
City of Wheat Ridge
Community Development Department
Memorandum
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TO: PlannIng ConUTIlSSlOn
FR01\l: Alan Willte, Commumty Development DIrector
Sl;BJECT: ZOA 05-06, Change to NonconformIng SIgnS ProvIsIon
DATE: December 30, 2005
CouncIl dIrected staff to prepare an ordmance whIch would clanfy SectIOn 26-707 A I of the ZOl1lng
and Development Code, speCifically to clanfy what the terms rebUIldIng and reconstructIon mean
with regard to nonconformmg SIgnS. The Intent of CouncIl's dIrectIOn IS to allo\\ ne\\ Slio'11 cabmets
to be mstalled on eXlstmg support structures (usually poles) without meetmg heIght and setback
standards
Currently the code provIsIon reads as follows. "RebUlldmg, enlargement, relocatIOn, extenSIOn,
replacement, or reconstructIOn of a nonconformIng SIgn IS not permItted unless such SI~'11IS brought
Into conformance wIth thIS artlcle" ThIS prOVISIon has been m the Zonmg and De\ elopment Code
for decades The proVIsIOn has consIstently been Interpreted to Include the placement of a new SIgn
cabmet on top of an eXlstmg structure as eIther "rebUIldIng" or "reconstructIOn,"
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Current Regulations
The code changes In 200 I reqUIred setbacks for freestandIng SIgnS of a certam heIght as follows
Setback from adjacent propertIes Ten (10) feet where adjacent to reSIdentIal-zoned
propertIes, no setback m all other cases wIth other than reSIdentIal (mcludIng PRD) zonIng
\Vhere a SIgn eXIsts on an adjacent property and that SIgn IS wlthm twenty (20) feet of the
proposed locatIOn of a ncv\ SIgn on the adjacent property, an offset, either vertIcal or
honzontal, shall be reqUIred such that the eXIstIng SIgn IS not VIsually blocked by the ne\\
s I t-'11
') From street nght-of-way FIve (5) feet for signs under seven (7) feet hIgh, ten (10) feet for
SIgnS seven (7) to t\\enty-fi\e (25) feet high, and thmy (30) feet for SIgnS over twenty-five
(25) ieet rugh.
\laxlmum heIght of a free-standIng sIgn IS fifteen (15) feet, prOVIded that SIgnS for retaIl and servIce
bUSInesses wIthm one-quarter (1,4) mIle of an Interstate hIghway, that are onented to the mterstate
hlgh\\ ay, are permItted one (1) freestandmg sIgn up to fifty (50) feet hIgh, Any other permItted
freestandIng Slio'11 shall not exceed fifteen (15) feet.
:Vlost of the nonconformltles today are a result of SIgnS not meetIng the new setbacks reqUIred by the
height oi the SIgn.
A TT ACHMENT 1
Proposed Code Changes
The changes to subsectIOn 1 are Intended to clanfv what can be done to nonconformIng sums,
'" ...... .....
SlgnS bemg replaced or relocated (meanmg new support structure and new Sign cabinet) should be
reqUired to meet the proVISions of the new code, The new requuements should apply to \\ hat IS
essentially a ne\\ Sign. The legality ofthe nonconformity shouldn't carryover to the ne\\ Slgn
Enlargement or expanSIOn would be allowed as long as the nonconformity \\ as not Increased, For
example, on a Sign wlth a nonconfonmng setback, a larger SIgn could be put on an eXIstIng support
structure as long as the setback wasn't reduced. (Setback lS measured from the leading or strectslde
edge of the SIgn,)
The terms rebUIldIng and reconstructmg would not Include placmg a new SIgn cabInet on top of an
eXlstmg support structure Ifboth the support structure and Sign cab1l1et were beIng replaccd, the
Sign would be conSIdered a replacement Sign, which would have to conform to the nc\\ pronslOns
Planmng CommiSSIon reVIewed the nonconformIng Sign proVISIons whde rCVlewIng the Slh'11 code
re-wnte brought forward by staff Your concern was more dIrected at how to treat SignS that were
damaged Your recommendatIOn was to a1\ow nonconformIng signs to be rebudt unless damaged b)
more than .500'0 by any means or If a busmess Increases m size by 2000 An addltlOn:ll
recommendation was to Include an amortizatIOn penod of five years for all nonconforn1mg SignS
Attached are mInutes from the heanngs at \\hlch you dealt with nonconformIng SIgnS
Issues
The hardest thIng to deal with In a commumty that IS mostly bUIlt-out IS effectIng changes that wdl
be good In the long run. but whIch create some hardship In the Intenm. One part of a comprehenSive
program to Improve the lmage of the CIty's streets (a goal In the ]\RS) IS to reqUIre that all SignS be
converted to monument SignS (The current code only encourages thIS)
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Pole SignS tend to clutter the VIsual ennronment and detract from any streetscape or landscape
Improvements. unlIke monument SIgnS If an)1hIng, the eXIstmg code Isn't strong enough In
requmng pole SignS to be converted A1\owmg the use of pole slgnage tends to perpetuate the
cluttered ennronments \\e see on many of the CIt) 's streets
A11 alternatIve IS to reduce the setback requIrements
Suggested :\totions
"I move to recommend approval of the ordInance amendIng subparagraph I of the nonconformmg
prOVISIons of the SIi,.'11 Code as presented b) staff"
Or, I f you make changes
"I move to recommend approval of the ordInance an1endIng subparagraph I of the nonconformmg
prOVISIOns of the SIgn Code WIth the follOWing changes
,., "
Il\TRODUCED BY COUNCIL MEMBER
Council Bill No. 08-2006
Ordinance ~o.
Series of 2006
TITLE:
At'\! ORDINAt'\'CE A:\IEl\'DING SECTION 26-707 A 1
OF THE WHEAT RIDGE CODE OF LAWS
PERTAINING TO NONCONFORMING SIGl\'S
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, THAT
Section 1. SectlOn 26-707 A 1 of the Zomng and Development Code IS hereby
amended as follows
/\, Sonconforming signs The lawful use of a SIgn eXIsting at the effectIve date of the
ordinance from whIch thIS artIcle IS denved may be continued, although such use
does not conform to the prOVIsIons of thIs artIcle, subject to the follOWing prOVISIOns
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1 Rebulldlng, enlar;cment, RelocatIOn, e~:tenslOn, or replacement ef
reconstructIOn of a nonconforming SIgn IS not permItted unless such SIgn IS
brought Into conformance WIth thIS artIcle Enlargement or extension of a
nonconforming sign is permitted so long as the nonconformity is not
increased. Rebuilding or reconstructing a nonconforming sign is permitted
onl) if the rebuilding or reconstruction is limited to installing a new sign
cabinet on an existing support structure. Installing a new sign cabinet
together with a nen support structure shall constitute replacement of the
nonconforming sign and shall require conformance with this article.
Section 2, Safety Clause, The Clt\ Councll hereby finds, determines, and
declares that thIS ordInance IS promulgated under the general polIce power of the CIty of
Wheat RIdge, that It IS promulgated for the health, safety, and welfare of the publIc and
that thIS ordInance IS necessar\ for the preser. atIon of health and safety and for the
protectIon of publ1c convenIence and \\ elfare The CIty Councll further determInes that
the ordinance bears a ratIOnal relatIon to the proper legIslatIve object sought to be
attained,
Section 3, Severabllltv: ConfllctInl! OrdInances Repealed. If any sectIOn,
subsectIon or clause of thIs ordInance shall be deemed to be unconstitutIOnal or otherwIse
1m alld, the valIdity of the remaIning sectIon, subsectIons and clauses shall not be
affected thereby All other ordInances or parts of ordInances In conflIct WIth the
prO\.ISlOns of thIS ordInance are hereby repealed
Section 4. EffectIve Date, ThiS ordInance shall take effect...l2. days after final
publIcatIOn,
A TT ACHMENT 2
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ITEM NO' ~
REQUEST FOR CITY COUNCIL ACTION
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COUNCIL MEETING DATE
March 13,2006
TITLE:
RESOLUTION 10-2006 - A RESOLUTION TO AMEND THE PRESIDING
MllNICIPAL JUDGE SERVICES AGREEMENT
D PUBLIC I fEARING
D BIDS/MOTIONS
5J RESOLUTIONS
D ORDINANCES FOR I ST READING (Date
D ORDINANCES FOR 2ND READING
QuasI-JudIcIal
D
Yes
[gJ
No
~ --,
City Attorney
EXEC'llTIVE SUMMARY
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The current Presiding MUnICipal Judge has asked for the opportUnIty to partIcipate In the CIty'S
health and dental Insurance programs. The attached Amendment to the Judge's agreement permIts
thIS, WIth the Clly paYing the premIUm cost for a 20 hour per week employee
COMMIS~IO"l/BOARD RECOMME"IDATION:
None
STATE'lENT OF THE ISSllES:
The MUnICipal Court Judge IS engaged by the Councll for a term of two (2) years. The present
contract expires In August 2006 The Judge IS an Independent contractor and IS not entItled to
employee health benefits unless Councll agrees
ALTERNATIVES CONSIDERED:
Do not amend the current contract for mUnIcipal court Judge
FINANCIAL IMPACT:
The City currently offers two medical plans and one dental plan and contnbutes a prorated amount
to the premIUms based on the employees average hours worked per week, The finanCial Impact to
the City WIll depend on the Insurance plan chosen by the Presiding Municipal Judge, The followmg
table represents the premIUm levels and contnbutiOn amounts for a 20 hour/week. employee
(Bi-Weeklv) Employee Emplovee + 1 Familv
T owl Medical Premiums PacIfiCare $189 46 $365 65 $511,541
I KaIser $13668 $287 15 $41494
i Citl"s Contribution PacifiCare $85.26 $146.26 $204.62
I Kaiser $61.50 $114.86 $165.97
I Employee's Cost PacifiC are $104,20 $219,39 $306 92
KaIser $75 19 $172,29 $248 97
Total Dental PremIUm Met Life $15 63 NA I $46 73
I Citv's Contribution $7.03 NA $/1.68
Employee's Cost $860 NA ! $35 04
As an example, If the Presldmg MUnIcipal Judge chooses PaclfiCare for medical coverage for
Employee i- 1 the bI-week1y cost to the City would be $146.26 or $3,802,76 annually Dental
coverage for Family would cost the city $11 68 bl-weekly or $303 68 annually for a total annual
cost of $4,1 06 44
RECOMMENDED MOTION:
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"I moye to approve ResolutIon 10-2006 - A ResolutIOn to Amend the PreSidIng MUnIcipal Judge
Sel'\o'lces Agreement."
or.
"I move to deny approval of ResolutIOn 10-2006 - A ResolutIon to Amend the PreSidIng MUnIcipal
Judge Service Agreement for the follOWIng reason( s)
Report Prepared by'
Reviewed by
Gerald Dahl. City Attorney 303-493-6670
Patnck Goff. Deputy City Manager
Attachments:
Memorandum from Judge Randall
') ResolutIOn 10-2006
ACCOMPLISHMENTS and IMPROVEMENTS
WHEAT RIDGE MUNICIPAL COURT
CHRISTOPHER D. RANDALL
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Developed, with the Clerk of Court's assistance, the Court Marshal's program.
Draft and Implement the Court Marshal's polIcy manual.
SeparatIOn of the court's files and the prosecutor's files (due to appearance of
ImproprIety)
EstablIshed wntten gUldellnes for vISIting (substitute) Judges.
Develop a lIst of treatment agencies and classes.
ChecklIst to adVise defendants who Wish to proceed pro se
ReVIsed (Increased) bond schedule.
ReVIsed (Increased) traffic fine schedule
Devclop. With the ASSistant City Attorney's aSSistance, an expedited plea agreement
process In traffic cases.
Developed questIOnnaire for evaluation of Judges.
Improve handling of WrIts from prIsoners
Developed. distrIbuted. and tabulated questIOnnaire for evaluatIOn of the Clerk of Court.
Continuous court procedure Improvement.
Improve the method for handling transported prIsoners.
Increase the sentencing for serIOUS repeat offenders.
Increase sentencing for VICIOUS dog cascs and repeat ammal offenders
~crutlnlze and carefully conSider zoning and code cases.
ImprO\ e and update older court forms
Drafted ne\\ court forms.
Eliminated mght court and transferred docket to day court to Improve staffing and
coverage
ReVIse the method for the prosecutor to respond to paperwork from defendants.
ReVised Jury verdict forms and JUry instructIons
Interviewed and hired replacement staff probation officer. .JudiCIal assistants. marshals
Developed ne\\ procedures and sentencing optIons to handle zomng and code VIOlatIOns.
ASSisted staff With sound and recording system replacement.
ASSisted staff With replaCing the court room podium
Begin work on replaCing old smallliles summonses With full size files and summonses.
ImprO\e probatIOn department.
Support and work towards the acceptance of credit cards for tines, fees, and cost
payments.
Support and work towards a Video system to he able to view prIsoners at the Jefferson
County Jail
DeVised method to Increase the effiCiency of the processing of court orders
Attend local and other profeSSIOnal meetings to Improve Wheat Ridge mumclpal court.
Begin utIlizatIOn of Chapter 15 abatemcnt procedures
Improved superVISIOn of probatIoners by Increased training for ProbatIon Officer
Develop data base for probation office to keep statistics on probatIOners.
Purchase on-line legal research capabIlIty
Implement Juror feedback questIOnnaire
ATTACHMENT 1
Support real time entry of court date to Improve efficiency.
CompIle Juvemle statistics.
Attend meetings, provide input, and review strategic plans, goals, and gUldlng prInCIples
for City
Comptled appeal process instructIOnal packet.
Departmental Job study for HR.
Purchase and Implement digital recording system.
Quarterly meetmgs with staff
03/07/2006
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CITY OF WHEAT RIDGE
RESOLUTION 10
Series 2006
FIRST AMENDMENT TO
PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT
THIS FIRST AMENDMENT TO PRESIDING MUNICIPAL JUDGE SERVICES
AGREEMENT (this "Amendment") is entered into as of the 13th day of March 2006, by and
between the CITY OF WHEAT RIDGE, COLORADO (the "City") and CHRISTOPHER D.
RANDALL, ("Presiding Judge"), together referred to herein as the "Parties."
WHEREAS, the Parties entered into that certain Presiding Municipal Judge Services Agreement
dated August 23, 2004 (the August 23, 2004 Agreement), whereby the City contracted with the
Presiding Judge for municipal judge services, and
WHEREAS, the Parties wish to amend the August 23, 2004 Agreement to permit fhe Presiding
Judge to participate in the City's health and dental insurance programs
NOW THEREFORE, in consideration of the mutual promise and covenants contained herem,
the Parties agree to amend the August 23, 2004 Agreement as follows
Amend Article 4 to read:
ARTICLE 4 - INDEPENDENT CONTRACTOR. INSURANCE
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A. This Agreement is one for Independent contractor services Neither Presiding
Judge, nor any employee or agent of PreSiding Judge, shall be considered an employee of the
City for purposes of any federal or state law Notwithstanding the fact that Presiding Judge is
compensated as an independent contractor, pursuant to the Colorado Governmental Immunity
Act, SS 24-10-101 et seq , C R.S , he is conSidered an appointed official of the City entitled to
any and all benefits of law pertaining to JudiCial or sovereign immunity and to coverage by the
City's insurance applicable to persons holding such a position FOR CLAIMS BROUGHT
AGAINST HIM IN HIS OFFICIAL CAPACITY OR ARISING OUT OF HIS PERFORMANCE OF
HIS OFFICIAL DUTIES AS DESCRIBED HEREIN
B. PRESIDING JUDGE SHALL BE ELIGIBLE TO PARTICIPATE IN THE HEALTH
AND DENTAL INSURANCE PROGRAMS AVAILABLE TO CITY EMPLOYEES, AT THE RATE
LEVEL APPLICABLE TO THE NUMBER OF HOURS OF WORK PERFORMED BY THE
PRESIDING JUDGE ON AN AVERAGE WEEKLY BASIS THE CITY AGREES TO PAY THE
APPLICABLE PREMIUM FOR THAT RATE LEVEL, CONSISTENT WITH THE CITY
INSURANCE PLAN AS AMENDED FROM TIME TO TIME
C. Presiding Judge warrants that he has not employed or retained any company or
person, other than a bona fide employee working solely for him, to solicit or secure this
Agreement. and that he has not paid or agreed to pay any company or person, other than bona
fide employees working solely for PreSiding Judge, any commission, percentage, brokerage fee,
gifts, or any other consideratIOn, contingent upon or resulting from the appointment or making of
this Agreement. For breach or Violation of this warranty, the City will have the right to annul this
Agreement without liability, or in its discretion to deduct from the Agreement price or
ATTACHMENT 2
consideration, or otherwise recover the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee
IN WITNESS WHEREOF. the Parties have executed this Agreement in two (2) copies,
each of which shall be deemed an original. as of the day and year first written above
ATTEST
CITY OF WHEAT RIDGE, COLORADO
Pamela Anderson, City Clerk
By' Jerry DiTullio, Mayor
(Seal)
APPROVED AS TO FORM
Gerald E. Dahl, City Attorney
PRESIDING JUDGE
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Christopher D Randall
-2-
City of Wheat Ridge
In this space there is a large scale map that could not be scanned at
this time. Please see the City of Wheat Ridge Clerks office if you
would like to see the map. Thank YOU.
CITY OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGENDA ITI"M NO.2.
PUBLIC BEARING BEFORE THE WHEAT RIDGE CITY COUBCIL
COUNCIL BILL NO. 04-2006
CASE NO. WZ-OS-14
TITLE:
COUNCIL BILL 04-2006 - AN ORDINANCE PROVIDING FOR A REQUEST FOR
REZONING FROM RESTRICTED COMMERCIAL (R-C) TO PLANNED COMMERCIAL
DEVELOPMENT (PCD) FOR PROPERTY LOCATED AT 6690 W 44TH AVENUE.
(Case No WZ-05-14) (Kasay Abraham)
YOUR NAME AND ADDRESS
,
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.........
CHECK
IN FAVOR OPPOSED
/
IF YOU HEED MORE ROOM PLEASE SIGN ON BACK OF PAGE I
CITY OF WHEAT RIDGE
\
PUBLIC BEARING ROSTER
AGENDA ITEM NO. ~
,
PUBLIC BEAlUII1G BEFORE THE WHEAT RIDGE CITY COUNCIL
CASE NO.
TITLE:
COUNCIL BILL NO.
RESOLUTION 09-2006 - APPROVING THE SERVICE PLAN FOR LONGS PEAK
METROPOLITAN DISTRICT.
YOUR NAME AND ADDRESS
lrl....
oA.<hL/11DEJ4SLE ~t' !?O<iO~
w ~6.c~ n,'J<if(.
CHECK
IN FAVOR OPPOSED
IF YOU NEED MORE ROOM PLEASE SIGN 0111 BACK OF PAGE I
I move to add a discussion with neighborhood
representatives concerning 44th Ave. west of Yarrow to the
April 1 ih 2006 City Council Study Session.